Deerfield City Zoning Code
ARTICLE XIV
Administration and Enforcement
§ 120-146 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 the first day of January, 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 chapter, 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.
C.
The Zoning Officer shall have the right to enter any building or premises during the daytime in the course of his duties.
§ 120-147 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.
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 site 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.
C.
Except as provided otherwise in § 120-47, Conditional uses, and § 120-42, Subdivision and site plan review required, a zoning permit shall be granted or refused by the Zoning Officer within 10 days after he/she shall have received an application complete in all respects, together with any required fee(s).
§ 120-148 Maintenance of records; reports.
The Zoning Officer shall maintain a permanent record of all matters considered and all actions taken by him. Such records shall form a part of the records of his office and shall be available for the use of the Township Committee and other officials of the township, county and state. The records to be maintained shall include at least the following:
A.
Application file. An individual, permanent file for each application for a permit provided for by this chapter shall be established at the time the application is made. Said file shall contain one copy of the filed application and all supporting documents, maps and plans; notations regarding pertinent dates and fees and the like; as appropriate, one copy of the resolution of the Land Use Board or other applicable approving authorities in acting on the application; the date the permit applied for was issued or denied by the Zoning Officer, and a copy of the permit or documentation of the reasons for denying the permit.
B.
Monthly report. The Zoning Officer shall prepare a monthly report for the Township Committee. Said report shall cite all actions taken by the Zoning Officer, including any referrals made by him, all permits and certificates issued and denied, all complaints of violations received and all violations found by him and the action taken by him consequent thereon. A copy of this monthly report shall also be transmitted by the Zoning Officer to the Tax Assessor, Land Use Board, and Construction Official at the same time it is transmitted to the Township Committee.
§ 120-149 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 thereunder 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.
§ 120-150 Appeals to 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 §§ 120-11 and 120-48 and in accordance with the provisions of N.J.S.A. 40:55D-69 to 55D-76.
§ 120-151 Violations and penalties.
A.
Any person violating any of the provisions hereof shall, upon conviction, be subject to a penalty either by imprisonment for not more than 90 days or by a fine not exceeding $1,000, or both, in the discretion of the court. Each and every day that any violation continues shall be considered a separate offense, punishable by a like fine or penalty.
B.
The imposition of the above penalty shall not preclude the institution of a legal action for the abatement of any condition constituting a violation of this chapter.
§ 120-152 Correction of violations.
Where the Zoning Officer, in the course of his duties, determines that any plans, buildings, or premises are in violation of the provisions of this chapter, he shall order the responsible party in writing to remedy such conditions. Said written order shall specify the nature of the violation four to exist, the remedy ordered and the time permitted for such action, the penalties and violator's rights of appeal, all as provided for by this chapter and the laws of the State of New Jersey. Upon the serving of notice by the Zoning Officer to the owner of any violation of any of the provisions of this chapter, the certificate of occupancy for such building or use shall be held null and void. A new certificate of occupancy shall be required for any further use of such building or premises.