The Township Committee shall appoint a Zoning Administration Officer to enforce the provisions of this chapter. The term of appointment shall be for one calendar year. It shall be the Zoning Officer's duty to examine all applications for permits, issue permits only for construction and uses which are in accordance with the requirements of this chapter, record and file applications for permits with any accompanying plans and documents and make such reports as the Committee may require. Permits for construction and uses which are a conditional use or variance to requirements of this chapter shall be issued only upon order of the Planning Board or the Zoning Board. Nothing herein contained shall require any change in plans or construction of a lawful use, the construction of which is completed within one year of the effective date of this chapter.

The Township Committee may also appoint a Deputy Zoning Administration officer who shall perform all of the duties of the Zoning Officer during absences, disability or unavailability, or when so directed by the Zoning Administration Officer. The terms of appointment shall be for the calendar year.

The Township is hereby authorized and directed to charge fees for services and materials extended and furnished to or for the benefit of any individual person or entity. The Township Committee shall adopt annually a schedule of fees by ordinance. Such fees and charges may be amended from time to time by the Township Committee. If any fee established by the Township Committee conflicts with a mandatory fee established by state or federal law, regulation, order, or rule, such state or federal fee will govern.

Fees for permits shall be paid in accordance with a fee schedule adopted by the Township Committee and all such fees shall be paid into the Township Treasury.

Each applicant shall, at the time of making application, pay a fee in accordance with the aforementioned fee schedule, for the cost of advertising and mailing notices as required by this and other Township ordinances and the rules of the Zoning or Planning Board.

A municipality may by ordinance exempt, according to uniform standards, a disabled person, or a parent or sibling of a disabled person, from the payment of any fee charged under this act in connection with any application for development which promotes accessibility to their own living unit.

For the purpose of this subsection, "disabled person" means a person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include, but not be limited to, any resident of this state who is disabled pursuant to the Federal Social Security Act (42 U.S.C. 416) or the Federal Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.), or is rated as having a 60% disability or higher pursuant to any federal law administered by the United States Veterans' Act. For purposes of this subsection,"blindness" means central visual acuity of 20/200 or less in the better eye with the use of a corrective lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20° shall be considered as having a central visual acuity of 20/200 or less.

If a check or other negotiable instrument delivered to the Township or any agency or instrumentality thereof in payment of any tax, fee, assessment, fine, interest, late charge escrow, judgment or other debt due and owing from such person or entity pursuant to any law, rule, regulation, ordinance, resolution or code provision of the state, county or the Township or pursuant to any contract or agreement to which the Township is a party is returned to the Township as uncollectible due to insufficient funds or other reasons, there shall be added to the amounts due from such person or entity to the Township a service charge as established by the Township Committee per check or other negotiable instrument per return.

Service charges, which become due pursuant to Subsection A above, shall be collected in the same manner as the original tax, fee, assessment, fine, interest, late charge, escrow, judgment or other debt may be collected. Such service charges attributable to payment of taxes or special assessments shall be included on the list of delinquent accounts prepared for the enforcement of the lien of such tax or special assessment.

Payment of the original tax, fee, assessment, fine, interest, late charge, escrow, judgment or other debt and all service charges due pursuant to this article after any check or other negotiable instrument for the original payment thereof is returned uncollected due to insufficient funds or other reasons shall only be accepted by the Tax Collector or other authorized officer if presented in the form of cash or a certified or cashier's check.

All fees other than application fees and miscellaneous fees shall be escrow fees to pay the services of any professional personnel employed by the Planning Board, Zoning Board or Township Committee to process, review, inspect, study or make recommendations to such Planning, Zoning Board or Township Committee concerning the nature and substance of the applicant's application and/or to pay the services of any such professional personnel and the costs and expenses incurred by such professional personnel and/or the Planning Board, Zoning Board and/or Township Committee to create, amend or modify, including but not limited to the costs and expenses to draft, finalize and publish the official Tax Map and/or Zoning Map[1] of the Township, which creation, amendment and/or modification is necessitated by the approval of the applicant's application.

If during the existence of this escrow account the balance of funds held by the Township shall be insufficient to cover vouchers submitted by the professionals, the applicant shall deposit additional sums with the Township to cover the amount of the deficit and the anticipated amount to cover all remaining work within 10 days after receipt of written notice from the Township Finance Office in the amounts owed. In the event that an applicant fails to deposit the additional escrow monies as required within the time set forth in this division, the Township, through its agents and employees, shall take whatever action deemed necessary in order to compel the payment of the escrow amount. In addition, the professional personnel may take any action individually as they deem necessary to satisfy the vouchers submitted. Notwithstanding the foregoing, any applicant who does not deposit such additional escrow monies within 30 days after receipt of written notice from the Township Finance Office of the amounts owed shall be charged a late fee equal to 1 1/2% times the amounts owed from the date such sums were due pursuant to such notice until paid in full (including all accrued late fees). No permit, approval or certificate shall be issued to any applicant or property owner by any Board, Zoning Officer, Township Committee, Township Clerk or any other agency of the Township unless all amounts owed pursuant to this section by such applicant or owner or with respect to the subject property are paid in full.

All excess monies in the escrow account will be returned at the time of final release of maintenance bonds for improvements to the applicant with a statement of money expended against the account. If at any time prior to final approval the applicant elects to withdraw his request for approval and abandon the project, any monies remaining in the escrow account, after all proper charges have been paid, will be returned to the applicant with a statement of money expended against the account.

For each and every violation of any provision of this chapter, the owner, general agent or contractor of building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violations have been committed or shall exist, and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every day that such violation continues, be subject to one or more of the following: a fine of not more than $1,250, a period of community service not to exceed 90 days, or imprisonment for a term not exceeding 90 days. Any remedy shall include the power to order removal of any offending structure, use or condition, and in default thereof, the power to assess penalties for each day the required removal is not completed.

In addition to the remedy or remedies hereinbefore provided, any person, persons, company or corporation violating this chapter or any provision or section thereof may be proceeded against by the Township of Elk by appropriate action or by proceeding in equity or otherwise to enjoin any violation of this chapter or to prevent and enjoin any threatened violation of this chapter.

If any article, section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter.

This chapter shall take effect upon the filing thereof with the County Planning Board after final passage, adoption and publication in the manner prescribed by law.