Delaware City Zoning Code
ARTICLE XVI
Adoption, Conflict, and Violations
§ 230-143 Interpretation and enforcement.
[Amended 6-24-2019 by Ord. No. 2019-15]
A.
Interpretation. In the interpretation and application of the provisions of this chapter, such provisions shall be determined to be the minimum standards necessary for the promotion of the public health, safety and general welfare of the Township of Delaware.
B.
Enforcement.
(1)
It shall be the duty of the Construction Official and/or the Zoning Officer of the Township to administer and enforce the provisions of this chapter. It shall be unlawful for any person to erect, add to, move or structurally alter, in whole or in part, any building or structure unless a construction permit is obtained from the Construction Official and no structure or lot shall be used in violation of this chapter.
(2)
It shall be the duty of the Zoning Officer, within the Township, to inspect the structures and land in the Township and order the owner, in writing, to remedy any condition found to exist in violation of the provision(s) of the zoning and land use ordinances of the Township. For purposes of this inspection, the Zoning Officer shall have the right to enter under due process of law. Said order shall be effective immediately at the time of service.
(3)
The Township Engineer shall be available to assist the Construction Code Official and Zoning Officer with respect to the enforcement and implementation of the provisions of subdivision and site plan approvals.
(4)
Upon notice being served of any use existing in violation of any provision(s) of this chapter:
(a)
The property owner shall have 10 days from the date of issuance of the notice to cure the violation;
(b)
In the event the property owner fails to cure the violation after such notice, the Construction Official and/or the Zoning Official, or their duly authorized assistants, may issue a summons and complaint for violation of the applicable ordinance provision.
(c)
Penalties may be assessed per § 230-150, which provides: "Except as otherwise provided in § 230-128 of this chapter, any person or entity who shall violate any provision of this chapter or any rule, regulation or order made under the authority of this chapter shall be liable for a fine not exceeding $500 or for imprisonment for a term not exceeding 90 days, or both, where applicable, and in cases of continuing violations, each day that such violation continues shall be deemed a separate offense. Any complaint to impose such penalty may be filed in Municipal Court on behalf of the Township by the Construction Code Official, any administrative officer, any municipal police officer or any interested party."
§ 230-144 Conflict with other laws.
Whenever the requirements of this chapter are in conflict with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive requirements, or those imposing the higher standards, shall govern.
§ 230-145 Adoption and amendments.
A.
Public hearing required. The governing body may adopt and amend this Land Use Ordinance after a public hearing thereon at which parties in interest and citizens shall have an opportunity to be heard.
B.
Planning Board referral. This Land Use Ordinance and any revision or amendment thereto shall be referred to the Planning Board for its recommendations prior to the public hearing. The Planning Board shall make and transmit to the governing body, within 35 days after such referral, a report including an identification of any provisions in the proposed ordinance, revision or amendment which are inconsistent with the Master Plan and its recommendations concerning such inconsistencies and concerning any other matters as the Board deems appropriate. The governing body shall, prior to the adoption of this Land Use Ordinance or any revision or amendment thereto, review the report of the Planning Board and may disapprove or deviate from any recommendation therein by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following the Planning Board's recommendations. Failure of the Planning Board to transmit its report within the thirty-five-day period shall relieve the governing body from the requirements of this section.
§ 230-146 Notice.
A.
Notice to adjoining municipalities. Notice by personal service or certified mail shall be made to the clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of the Land Use Ordinance involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
B.
Notice to County Planning Board. Notice by personal service or certified mail shall be made to the County Planning Board of all hearings on the adoption, revision or amendment of the Land Use Ordinance at least 10 days prior to the date of the hearing. Any notice provided hereunder shall include a copy of the proposed Land Use Ordinance or any proposed revision or amendment thereto, as the case may be.
C.
Notice of hearing on amendment not recommended in a periodic general reexamination. Notice of a hearing on an amendment to the Land Use Ordinance proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the Master Plan by the Planning Board pursuant to N.J.S.A. 40:55D-89, shall be given at least 10 days prior to the hearing by the Municipal Clerk to the owners of all real property as shown on the current tax duplicates, located, in the case of a classification change, within the district and within the state within 200 feet in all directions of the boundaries of the district, and located, in the case of a boundary change, in the state within 200 feet in all directions of the proposed new boundaries of the district which is the subject of the hearing.
D.
Contents of notice. A notice pursuant to this section shall state the date, time and place of the hearing, the nature of the matter proposed to be considered and an identification of the affected zoning districts and proposed boundary changes, if any, by street names, common names or other identifiable landmarks, and by reference to lot and block numbers as shown on the current tax duplicate in the municipal Tax Assessor's office.
§ 230-147 Filing of ordinances.
A.
County Planning Board. The Land Use Ordinance or any revision or amendment thereto shall not take effect until a copy thereof shall be filed with the County Planning Board. The Secretary of the County Planning Board shall within 10 days of the date of receipt of written request for copies of any such ordinance make such available to the party so requesting with said Secretary's certification that said copies are true copies and that all filed amendments are included.
B.
Municipal Clerk. A copy of the adopted Land Use Ordinance and any revisions or amendments thereto shall be filed and maintained in the office of the Municipal Clerk.
§ 230-148 Protest.
A protest against any proposed amendment or revision to the Land Use Ordinance may be filed with the Municipal Clerk, signed by the owners of 20% or more of the area either of the lots or land included in such proposed change or of the lots or land extending 200 feet in all directions therefrom, inclusive of street space, whether within or outside of the municipality. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of 2/3 of the full authorized membership of the governing body.
§ 230-149 Severability.
If any section, subsection, paragraph, clause, phrase or provision of this Land Use Ordinance or the location of any zone boundary shown on the Zoning Map that forms a part hereof shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Land Use Ordinance as a whole or any part of the provisions hereof other than the part so adjudged to be invalid or unconstitutional.
§ 230-150 Penalty.
Except as otherwise provided in § 230-128 of this chapter, any person or entity who shall violate any provision of this chapter or any rule, regulation or order made under the authority of this chapter, shall be liable for a fine not exceeding $500 or for imprisonment for a term not exceeding 90 days, or both, where applicable, and in cases of continuing violations, each day that such violation continues shall be deemed a separate offense. Any complaint to impose such penalty may be filed in Municipal Court on behalf of the Township by the Construction Code Official, any administrative officer, any municipal police officer, or any interested party.
§ 230-151 Waiver of regulations.
The municipal agency may, in its discretion, waive the application of a particular regulation in this chapter, provided that the regulation in question does not require the granting of a variance by the Planning Board or Zoning Board of Adjustment, and further provided that the developer makes a clear and convincing demonstration, allowing the Board to find that:
A.
By reason of the extraordinary and exceptional situation or condition of the property in question, the strict application of such regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer, and such waiver will not impair the intent and purpose of this chapter; or
B.
Such waiver would permit a development that will benefit the public good and be in complete harmony with the intent and purpose of this chapter.
§ 230-152 Repealer.
This chapter amends in its entirety the Zoning Ordinance of Delaware Township No. 1976-9 and all subsequent amendments and supplements thereto, and the Development Regulation Ordinance of the Township of Delaware No. 1980-6 and all subsequent amendments and supplements thereto. Said Ordinances No. 1976-9 and 1980-6 and all subsequent amendments and supplements thereto are hereby repealed.