Gloucester Township
City Zoning Code
City Zoning Code
ARTICLE XI
Administration, Enforcement, Violations and Penalties
§ 500-1101 Enforcement; powers and duties of Zoning Officer.
A.
Zoning Officer. The provisions of this chapter shall be administered and enforced by the Zoning Officer of the Township of Gloucester under the supervision of the Director of Community Development and Planning. The Zoning Officer shall be appointed by the Director of Community Development and Planning with the approval of the Mayor and shall receive such compensation as shall be fixed by the general salary ordinance.
B.
Duties and responsibilities of Zoning Officer.
(1)
The Zoning Officer shall prepare, with the approval of the Director of Community Development and Planning, all forms required for the administration and enforcement of this article. The Zoning Officer shall keep a record of all applications for permits or certificates submitted to him or her and any subsequent action; and he or she shall keep and maintain proper files and other records pertaining to the administration and enforcement of this article.
(2)
The Zoning Officer shall receive, review, process and file all application and plans for zoning permits and certificates of conformity and shall issue permits and certificates only in accordance and conformity with the provisions and regulations of this article.
(3)
Except as otherwise authorized under the terms and conditions of an order or decision of an approving authority the Zoning Officer shall not permit, nor issue any permit or certificate for any use, change of use, extension of a nonconforming use, erection, construction, alteration, repair, remodeling or conversion of any building or structure, or portion thereof; removal or destruction of any building or structure for location, relocation, placement or erection on any lands in the Township of Gloucester which does not conform to or comply with the terms and provisions of this article or which would be in violation of any provision thereof.
(4)
The Zoning Officer shall make and perform such inspections as may be necessary for the administration and enforcement of this chapter and for the proper issuance of zoning permits and certificates of zoning conformity, and for such purposes, he shall have the right to enter any building or premises during the daytime in the course of his duties. All inspections made by the Zoning Officer shall be logged in a book kept for such purposes.
(5)
Any nonconforming uses, buildings, structures or signs found upon inspection by the Zoning Officer to be in violation of the terms and provisions of this chapter shall be logged and reported in writing to the Director of Community Development.
(6)
In the event any condition is found to exist in violation of any regulation, term or provision of this article, the Zoning Officer shall confer with the Director of Community Development and thereafter issue a written order to immediately remedy or correct such violation or to stop work and/or prosecute the violation in the Municipal Court.
(7)
In the event the Zoning Officer shall receive a complaint or notice alleging the existence of a violation of the provisions of this article, he shall investigate the alleged violation, and if a violation exists, he shall take action as provided by this chapter. The source and identity of the person or persons making such complaint or providing such notice shall be held and maintained in confidence until it shall be deemed necessary to divulge the same in the course of any action or proceeding for the enforcement or prosecution of a violation of the terms of this chapter.
(8)
The Zoning Officer shall attend all meetings of the Zoning Board of Adjustment and respond to questions presented to him or her by the members of the Board. The Zoning Officer shall also be prepared to testify and produce his records, if so required, during any hearing before the Zoning Board of Adjustment. Upon request, the Zoning Officer shall also attend meetings of or hearings before the Township Council or Planning Board for the purpose of responding to questions, giving testimony or producing records.
(9)
The Zoning Officer shall provide a copy of all zoning permits issued by him to the Construction Code Official and a copy of all certificates of zoning conformity to the Construction Code Official and Tax Assessor.
§ 500-1102 Issuance of permits, general.
No temporary use permit, temporary zoning permit, certificate of zoning conformity, certificate of temporary occupancy or certificate of occupancy shall be issued for any parcel of land or structure which was sold or on which improvements where undertaken in violation of the provisions of this chapter or for the use of a lot which was created by subdivision after the effective date of, and not in conformity with the provisions of, this chapter. No site improvement such as, but not limited to, excavation or construction of public or private improvements shall be commenced except in conformance with this chapter in accordance with plat approvals and the issuance of required permits. No certificate of occupancy shall be issued, except in the case of residential lots within an approved subdivision, without the certification by the administrative officer that all requirements of this chapter have been met. The Construction Code Official shall be responsible for the consideration of applications for and issuance of certificate of temporary occupancy or certificate of occupancy with all other permits herein under the jurisdiction of the Zoning Officer.
§ 500-1103 Zoning permit.
A.
Permit required. The issuance of a zoning permit shall be required prior to, and as a condition precedent to, the commencement of:
(1)
Any use, change of use or extension of a nonconforming use of lands and premises within the Township of Gloucester.
(2)
The erection, construction, alteration, repair, remodeling or conversion of any building, structure, or any portion thereof, on any lands and premises within the Township of Gloucester.
(3)
The removal or destruction of any building or structure.
(4)
The moving of a building or structure of whatsoever kind or nature, or any portion thereof, into or within the Township for storage, location, relocation, placement or erection on any lands and premises within the Township of Gloucester; and it shall be unlawful for any person to commence any of the foregoing without first having obtained a zoning permit therefor.
(5)
Replacement or repair of an existing porch or patio (even if this repair or replacement does not involve any increase to the footprint area).
B.
Prior approval for construction permit. The issuance of a zoning permit shall be a required prior approval and condition precedent to the issuance, by the Construction Code Official, of a construction permit for the erection, construction, alteration, repair, remodeling, removal or destruction of any building, structure or portion thereof.
(1)
All applications shall contain a statement by the applicant of all existing and proposed uses of the lot and premises and such other information as may be requested by the Zoning Officer and reasonably necessary for said official to ascertain whether the proposed use, change of use, erection, construction or alteration complies with the provisions of this chapter. Applications shall be fully completed and signed by the applicant, and the applicant shall certify as to the truth of the information submitted in the application and accompanying documents so that any willful misstatements shall be considered a violation of this provision and subject the offender to the penalties provided herein.
(2)
All applications shall be numbered in sequence and submitted to the Zoning Officer in triplicate. Upon receipt, the Zoning Officer shall date each copy, maintain the original in his file, distribute one copy to the applicant and the other copy to the Director of Community Development and Planning.
C.
Application for zoning permit. Applications for zoning permits and temporary zoning permits (valid only for a period of 30 days) shall be made by the applicants in writing on forms provided by the Zoning Officer and submitted to the Zoning Officer together with the fee as required in § 500-901 and two copies of a survey showing all existing and proposed buildings, structures and uses on the lands and premises for which application is made and setting forth on survey all proposed front, rear and side yard setback distances, total lot coverage and all parking area dimensions, and said survey shall be part of the application.
D.
Issuance of zoning permit.
(1)
An application for a zoning permit shall be granted or denied by the Zoning Officer within 10 business days of the date of filing a complete application. If any application is granted or approved, written permit shall be issued by the Zoning Officer. Said permit shall be numbered in sequence, dated and signed by the issuing officer, and among other information, shall contain: a brief description of the use and/or work to be commenced or performed thereunder; the block and lot number and address of the property on which the use or work is to be commenced or performed; the names of the applicant and owner to whom the permit is to be issued; notice of the date of expiration of the permit and notice that the use or work must be commenced, performed and completed in accordance with the application upon which the permit issued and all applicable approvals, laws, ordinances, rules and regulations of the federal, state and local governments, boards, agencies or authorities. If an application for permit is denied or rejected by the Zoning Officer, he shall state the reason or reasons for such denial in writing and provide the applicant with a copy of same.
(2)
No zoning permit shall be issued by the Zoning Officer for any use, change of use, extension of a nonconforming use, erection, construction, alteration or moving of a building or structure, or any activity which does not comply with or conform to the terms, provisions and regulations of this chapter, statute or the order or decisions of an approving authority or court of competent jurisdiction.
(3)
No zoning permit shall be issued in instances wherein subdivision or site plan approval is required unless and until the applicant has secured final subdivision or site plan approval and has complied with all the terms and conditions of such approval and terms and provisions of the applicable development regulation, including payment of required fees, escrow deposits and posting of performance guarantees.
(4)
No zoning permit shall be issued for any use, change of use, extension of nonconforming use, erection, repair, remodeling, conversion, removal, destruction, replacement, relocation, construction, alteration or moving of a building or structure for which an approval has been granted by an approving authority if said approval has expired, been revoked or determined to be invalid.
(5)
No zoning permit shall be issued if taxes or assessments for local improvements are due or delinquent on the property for which a zoning permit application is made. Submission of proof that no taxes or assessment for local improvements are due or delinquent shall be required as a condition precedent to the issuance of a zoning permit.
E.
Expiration of permits. No zoning permit shall be valid or effective one year from the date of issuance thereof, and shall thereafter be null and void unless use, change or use, extension of nonconforming use, erection, construction, repair, remodeling, conversion, removal, destruction or moving, alteration, or relocation of a building or structure authorized by such permit shall have been substantially commenced within one year from the date of issuance and proceeded with due diligence.
F.
Exemptions.
(1)
Existing structures. Notwithstanding any provision in this chapter to the contrary and except as provided in § 500-1103F(3) below, no zoning permit shall be required for the following work on existing structures:
[Amended 3-22-2010 by Ord. No. O-10-04]
(a)
Installation, replacement or repair of siding (involving no additional square footage added to structure).
(b)
Replacement or repair of existing roof or existing roof shingles (involving no additional square footage added to structure).
(c)
Installation, replacement or repair of windows.
(d)
(Reserved)
(e)
Replacement or repair of existing steps (involving no increase in size of steps, width or length).
(f)
Replacement or repair of existing sewer or septic lines. If this involves curb, sidewalks, or streets, a street opening permit shall also be secured from the Township Clerk's office.
(g)
Service upgrades, repair, or replacements of panels, meter sockets, and related internal electrical work, not involving multi-meter devices, or condition or provisions of § 500-1103F(3), below.
(h)
Interior renovation, provided that such work does not involve a condition or change of use as indicated in § 500-1103F(3), below.
(2)
Handicapped exemptions. No zoning permit fee shall be required for the construction, reconstruction, alteration, improvement or repair of a structure used for the sole purpose to promote accessibility by the handicapped; handicapped being defined under N.J.S.A. 52:27D-126e.
(a)
Upon application for and at the discretion of the Zoning Officer, the construction, reconstruction, alteration, improvement and/or repair or installation of ramps, lifts, etc., associated with the accessibility of handicapped persons may be permitted to infringe upon setback requirements of residential property, when it has been established that no other feasible means of accessibility is available.
(b)
Before granting the application that contains an infringement upon a setback requirement, the following conditions must be met:
[1]
Just cause must be shown to the Zoning Officer why accessibility cannot be met under the current zoning regulations;
[2]
The requested infringement shall not exceed any further than the minimum building requirements of the current N.J.A.C. 5:23.7, Barrier Free Code, and subsequent amendments or additions thereto;
[3]
The applicant owner, or occupant with owner permission, shall agree in writing to remove said ramp, lift, or other structure from the infringement area upon the death of the handicapped person, the relocation of the handicapped person, sale or rental of the property to a nonhandicapped person or in the event that the disability no longer exists.
(3)
Conditions for exemption. There shall be no exception from the requirement of a zoning permit for existing residential structures if the work involves any one or more of the following:
(a)
Change in the front, rear or side yard setback;
(b)
An increase in lot coverage;
(c)
A change of use that increases the number of dwelling units;
(d)
A change that results in the need for a variance or exception;
(e)
An expansion of a nonconforming use; and
(f)
Structural changes, addition of square footage to the structure or roof or the enclosure of existing open porch or patio.
G.
Certification statement. No exception shall be granted unless the applicant fully completes, signs and files a certification statement of work form provided by the Construction Code Official.
H.
Relationship to construction permits. Nothing herein shall be construed to obviate the requirement for applying and obtaining and required construction permit.
I.
Nonwaiver. In no case shall the issuance or nonissuance of a zoning permit be construed as a waiver of the provision of this chapter or any other ordinance of the Township of Gloucester; nor shall such be construed as a waiver of the terms or provisions of any state statute, rule, regulation, approval or decision of any approving agency.
§ 500-1104 (Reserved) [1]
[1]
Editor's Note: Former Section 1104, Certificate of Zoning Conformity, was repealed 3-22-2010 by Ord. No. O-10-04.
§ 500-1105 Temporary use permits.
The Zoning Officer shall issue a temporary use permit with 10 business days of the date the action was taken whenever the Township Council has approved a temporary use under the provisions of § 500-423H, Temporary uses, provided any conditions imposed by the governing body have been met. The temporary use permit shall list the location by block and lot numbers, street address, if applicable, conditions of such approval, the time period of the temporary use and any other pertinent information as determined by the Zoning Officer.
§ 500-1106 Selling before approval; violations and penalties.
A.
Selling before approval. If, before favorable referral and final approval have been obtained, any person transfers or sells, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board is required to act, such person shall be subject to a fine not to exceed $1,000 and/or imprisonment for not more than 30 days, and each parcel, plot or lot so disposed of shall be deemed a single and separate violation. In addition to the foregoing, if the streets in the subdivision are not such that a structure on said land in the subdivision will meet requirements for a building permit under Section 3 of the Official Map and Building Permit Act (1953), the Township may institute and maintain a civil action:
(1)
For injunctive relief.
(2)
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 Section 24 of Chapter 433 of the Laws of 1953, but only if the Township has a Planning Board or a committee thereof with power to act and which:
B.
Liens. In any such action the transfer, 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 subdivider or assigns or successors, to secure the return of any deposit 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.
§ 500-1107 Violations and penalties.
[Amended 8-22-2022 by Ord. No. O-22-11]
Any person, firm, partnership, association, or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction thereof in a summary proceeding before the Gloucester Township Municipal Court, be subject to a fine of not more than $2,000 or imprisonment not to exceed 90 days or both such fine and imprisonment. All fines collected for the violation of this chapter shall be paid over to the Township Court Clerk. Whenever such person has been officially notified by the Zoning Officer or by the service of a summons in a prosecution, or in any other official manner that he or she is committing a violation, then each day after that violation is continued said violation shall constitute a separate offense and shall be punishable by a like fine and penalty.