Flemington City Zoning Code
§ 2640.1
Enforcement.
[Added 2-23-2026 by Ord. No. 2026-02]
A.
The provisions of this chapter shall be administered and enforced by the Zoning Officer, Police Department, or Code Enforcement Official of the Borough. In no case shall a permit be granted for the construction, alteration or use of any building where the proposed construction, alteration or use thereof would be in violation of any provision of this chapter. It shall be the duty of the Zoning Officer or their duly authorized assistant to cause any building, plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of any provision of this chapter.
B.
Zoning violations. Each of the following types, categories or classes of cases may be prosecuted by the Borough Prosecutor or the Borough Attorney in the appropriate forum by the filing therewith of a summons by the Zoning Officer or Engineer of the Borough or their designee:
1.
Violation of any site plan or subdivision approval granted by the Borough's Joint Planning/Zoning Board ("Board"), including the failure or refusal to comply with any details set forth in the approved plans or any condition or conditions of approval as set forth in the approving Board's resolution;
2.
Violation of any "D" variance approval granted by the Board;
3.
Violation of any "C" variance granted by the Board;
4.
Violation of any easement granted to or running in favor of the Borough of Flemington or to any other municipal entity, body or board;
5.
Violation of any court order (including a consent order) issued by a judge of any court of competent jurisdiction relative to any land use or land development case or controversy;
6.
Violation of any zoning agreement entered into between the Borough and any property owner;
7.
Violation of any agreement between the Borough and a named defendant which was entered into to resolve a Municipal Court zoning case; or
8.
Violation of any requirement of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., relative to any land within the Borough of Flemington.
