Eastampton Township
City Zoning Code
City Zoning Code
ARTICLE XV
Administration and Enforcement
§ 540-70 Designation of enforcing officers.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer and the Construction Official of Eastampton Township.
§ 540-71 Enforcement.
A.
Duties of Zoning Officer. The Zoning Officer shall be responsible for carrying out the following duties:
(1)
The issuance of zoning permits pursuant to § 540-72, sign permits pursuant to Article X, and portable storage units pursuant to § 540-11N.
(2)
The issuance of certificates pursuant to § 540-73.
(3)
Receipt of an appeal of the decision by the Zoning Officer made in the enforcement of the chapter and Zoning Map pursuant to N.J.S.A. 40:55D-72.
(4)
Investigate allegations of the use of property in contravention of this chapter, whether by his or her own cognizance, referral by municipal office or outside agency and/or complaint.
(5)
Cause citations to be issued alleging violations of this chapter and assist the Municipal Prosecutor in bringing such complaints before Municipal Court.
(a)
Where the Zoning Officer, in the course of his or her 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 found to exist, the remedy ordered and the time permitted for such action, the penalties and remedies which may be invoked by the Township and the violator's rights of appeal; all as provided for by this chapter and the laws of the State of New Jersey.
(6)
When required. Precedent to the issuance of a permit pursuant to the State Uniform Construction Code (N.J.S.A. 52:27D-123 et seq.) for the erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure; and the use or occupancy of any building, structure or land, the Zoning Officer shall determine that their respective conditions comport with each of the following, as applicable:
(a)
The requirements of this chapter.
(b)
Through the grant of a duly authorized variance by the Land Use Planning Board.
(c)
Through the grant of a duly authorized design or performance exception by the Land Use Planning Board.
(d)
Through the approval or approval with conditions of a zoning permit in accordance with § 540-72.
(7)
The Zoning Officer shall maintain a permanent record of all matters considered and all action taken by him or her. Such records shall form a part of the records of his office and shall be available for the use of the Township Council and other officials of the Township, county and state. At a minimum, the Zoning Officer shall maintain the following records:
(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 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 Planning Board in acting on the application; and the date the permit applied for was issued or denied by the Zoning Officer.
(b)
Monthly report. The Zoning Officer shall prepare a monthly report for the Township Manager. Said report shall cite all actions taken by the Zoning Officer, including all referrals made by him or her; all permits and certificates issued and denied; and all complaints of violations received and all violations found by him or her and the action taken by him or her consequent thereon.
(8)
Inspect business premises when a business files a business registration application to the Municipal Clerk, pursuant to Chapter 185, Business Registration, to investigate the business's compliance with Chapter 540, Zoning. The Zoning Officer shall submit his or her findings of the business registration inspection in writing to the Municipal Clerk recommending either approval or denial of said registration.
(9)
Other matters of a similar nature as directed by the Township Manager.
B.
Duties of Construction Official. It shall be the duty of the Construction Official to keep a record of all applications and all construction permits which are either issued or denied, with notations of any conditions involved, which data shall form a part of the municipality's public records. A monthly report of construction permits issued shall be filed with the Municipal Tax Assessor. The Construction Official shall be responsible for issuing certificates of occupancy pursuant to state and municipal law. A zoning permit shall be required as a precedent condition for the issuance of a certificate of occupancy.
§ 540-72 Zoning permits.
A.
The Zoning Officer is hereby empowered to issue a zoning permit for any plans regarding the construction or alteration of any building or part of any building, or the change in the use of any land or building or part thereof, where he or she shall determine that such plans are not in violation of the provisions of this chapter.
B.
Forms and application. The Zoning Officer shall cause to be made the form and substance of the zoning permit. Generally, the zoning permit shall require the disclosure of the applicant's name, address, telephone number, email address and the name, address, telephone number and email address of the land owner, if different from the applicant. Additionally, the zoning permit shall contain the street address of the property in question, block and lot number from the Eastampton Township tax assessment maps, zoning district designation, dimensions of all principal and accessory buildings, structures of note, the activities to be conducted in each of the buildings or upon the property, if such use of the property is being conducted as a nonconforming use, and if the premises have been the subject of any prior application to the Land Use Planning Board. The Zoning Officer may require additional information to be disclosed as required to fulfill his or her duties. Specialized forms of the zoning permit, as described hereunder, may require additional submittal of information.
(1)
Application details. In addition to the information required above, the following information shall be provided for a zoning permit application:
(a)
The location, use, design, dimensions and height of each use and building, including setback dimensions from property lines to principal buildings, accessory buildings and structures, and parking areas and driveways, and dimensions between principal buildings and accessory buildings and structures.
(b)
The location and arrangement of vehicular accessways and the location, size and capacity of all areas used for off-street parking, loading and unloading, including compliance with required off-street parking and loading spaces vis-a-vis the zoning district in which the parcel of land that is the subject of the zoning permit application is located and the use(s) that is (are) the subject of the zoning permit application.
(c)
The location and dimensions of sidewalks, walkways and other areas established for pedestrian use.
(d)
The percentage of coverage of principal buildings, accessory buildings, and impervious surfaces for the parcel of land that is the subject of the zoning permit application.
(e)
Provisions for water supply and sewage disposal.
(2)
Sign permits. An application for a sign regulated by this chapter and approval by the Zoning Officer shall be required.
(3)
Portable storage unit permits. An application for a portable storage unit regulated by this chapter and approval by the Zoning Officer shall be required.
C.
Requirement precedent to the issuance of a zoning permit.
(1)
No zoning permit shall be issued for any use or structure until site plan, subdivision and variance approvals and approvals with conditions, as may be necessary, have been granted by the board of jurisdiction in accordance with the provisions of N.J.S.A. 40:55D-1 et seq., and until all due and payable review and inspection fees and all local taxes and assessments on the property have been paid.
(2)
No zoning permit shall be issued without the approval of any agency of any local, county, state or federal government having jurisdiction over the proposed use or structure, unless such agency approval is a function of the duties and responsibilities of the Eastampton Township Construction Code Official.
D.
Issuance of zoning permit. A zoning permit granting the application, granting with conditions, or denying the application shall be issued within 10 business days of receipt of the request. Business days shall mean Monday through Friday, excluding legal holidays and furlough days. Any zoning permit may be denied by the Zoning Officer, or any permit issued may be suspended or revoked by the Zoning Officer for any of the following causes:
(1)
The lack of the submission of complete information as required herein or on any duly adopted form.
(2)
The lack of the submission of the required fee to file a zoning permit application.
(3)
The applicant has filed an application containing materially false information.
(4)
The applicant has failed to comply with the regulations within this chapter.
(5)
The applicant has been convicted by a court of competent jurisdiction of violating the regulations within this chapter.
E.
Zoning permit application fee. The filing fee for a zoning permit application shall be $100.00.
§ 540-73 Certificates of occupancy.
A.
The Construction Official shall be empowered to issue certificates of occupancy pursuant to state law. Following the completion of the construction, reconstruction or alteration of any building, or where a change in the use of a structure is proposed, the applicant shall transmit, by registered mail to the Construction Official, a letter stating that such construction has been completed or that a new use has been proposed. Within seven days of the receipt of this letter, the Construction Official shall make all necessary inspections of the completed structure and proposed use to determine the conformance with this chapter. A certificate of occupancy shall be issued only if the Zoning Officer issues a zoning permit finding that the construction and proposed use comply with all the requirements and provisions of this chapter. No certificate shall be issued unless the Construction Official receives a sealed survey of the premises that is the subject of the certificate of occupancy and written approval from the Municipal Engineer indicating all the requirements of the Land Use Planning Board resolution of approval and/or the approved plot plan for said premises have been met.
§ 540-74 Violations and penalties.
A.
Violations. In case any building or structure is erected, constructed, reconstructed, altered, moved or converted; or any building, structure or land is used in violation of, or contrary to, the provisions of this chapter, Eastampton Township may institute an action to enjoin or take any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion or use. However, nothing is this chapter shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
B.
Penalties.
(1)
This chapter shall be enforced by the Zoning Officer, as provided by law. Where federal security is involved, the Zoning Officer shall furnish written proof that the required and proper clearance has been authorized by the appropriate federal agency. 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, Penalties for Violations, of the Township Code. Each day that a violation is permitted to exist shall constitute a separate offense. In the event the court wishes to impose a fine in an amount greater than $1,250.00 upon an owner of real property for violations of housing or zoning codes of the Township, then and in that event a thirty-day grace period shall be provided to said owner in order to cure or abate the violative condition, and said owner shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning said violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250.00 may be imposed if a court has not determined otherwise or, upon re-inspection of the property, the court determines that the abatement has not been substantially completed.
(2)
Aiding and abetting violations. Not only the owner or owners of the land in question shall 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 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, before final subdivision approval has been granted, any person as owner or agent, transfers or sells or agrees to transfer or sell any land which forms a part of a subdivision for which municipal approval is required in accordance with the provisions of this chapter, except pursuant to an agreement expressly conditioned on final subdivision approval, 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. In addition to the foregoing, the municipality may institute and maintain a civil action:
(a)
For injunctive relief; and
(b)
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56, but only if the Township has a Planning Board and has adopted by ordinance standards and procedures in accordance with N.J.S.A. 40:55D-38.
(c)
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title-closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.
