Greenwich Cumberland
City Zoning Code
City Zoning Code
ARTICLE IX
ADMINISTRATION AND ENFORCEMENT
§ 26-10.1 Enforcement Officer, Zoning Officer.
[Res. 1-24-79]
The Township Committee shall appoint a Zoning Officer to administer and enforce the provisions of this ordinance except as otherwise provided by law or by this ordinance. He shall be appointed for the term of one year, beginning the first day of January, and shall receive such compensation for his services as shall be fixed by ordinance of the Township Committee.
§ 26-10.2 Duties of the Zoning Officer.
[Res. 1-24-79]
The Zoning Officer shall issue permits for such construction and uses as are in accordance with the terms and provisions of this ordinance or any lawful order of the Planning Board, Zoning Board of Adjustment or Governing Body; record and file all applications for zoning permits, together with the plans, documents and other papers accompanying such application as well as all certificates of occupancy applied for and granted; collect all fees that may be payable to the Township under provisions of this ordinance, unless otherwise specifically provided; prepare a monthly report for the Governing Body listing all zoning permits applied for and those granted, all certificates of occupancy granted, any fees paid in connection therewith and all ordinance violations and actions taken by his office consequent thereto. A copy of each such report shall be filed with the Township Tax Assessor at the same time, The Zoning Officer shall institute and conduct lawful proceedings to prevent threatened violation of this ordinance and, in order to correct conditions resulting from the violations of the ordinance, prosecute persons who shall have violated, or who shall be engaged in violating, any of the terms or provisions of this ordinance and shall have recourse to any and all remedies including injunction, restraining orders and writs of mandamus.
§ 26-10.3 Zoning Permits Required.
[Res. 1-24-79]
No person shall, hereafter erect, locate or alter any building or portion thereof, or begin or change the use of any land, without first obtaining a zoning permit therefor from the Zoning Officer. No zoning permit shall be issued except in conformance with the provisions of this ordinance or, where authorized, upon written order of the Zoning Board of Adjustment, Planning Board or Governing Body.
§ 26-10.4 Application for Zoning Permits.
[Ord. 6-12-01; Res. 1-24-79]
All requests for zoning permits shall be made in writing to the Zoning Officer on forms supplied by the Zoning Officer and shall be signed by the owner or his authorized agent. The application shall include a description of the use or uses of the building and or land. Each application shall be accompanied by a site plan drawn to scale, showing any existing or proposed buildings, or open land uses and their exact relation to all lot and street lines. Accompanying the application also must be a written statement giving satisfactory evidence to the effect that the line of the street boundaries have been accurately located and staked on the ground and that said application is intended to comply with all the provisions of the Zoning Ordinance or any lawful order of the Planning Board or Zoning Board of Adjustment.
All zoning applications for zoning permits be delivered via hand delivery to the designated Zoning Officer or in the alternative be delivered via certified mail with the certified mail receipt having been signed by the designated Zoning Officer, and until either of these two methods have been accomplished, the application for a zoning permit shall not be deemed to have been received by the designated Zoning Officer.
Except as provided otherwise in subsection 26-10.5, Conditional Uses, and the Subdivision and Site Plan Review Ordinance of Greenwich Township, a zoning permit shall be granted or refused by the Zoning Officer within ten days after he shall have received a complete application together with any required fee.
§ 26-10.5 Conditional Uses.
[Res. 1-24-79]
a.
Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of the Township and, at the same time, recognizing that such uses may be or may become harmful to the public health, safety and general welfare if located and operated without proper consideration of existing conditions and the character of surrounding environment and uses, such uses are hereby designated conditional uses and listed as such under the appropriate zone district regulations contained in this ordinance. In addition to other powers conferred by this ordinance, the Planning Board or Zoning Board of Adjustment shall have power to authorize the granting of a permit for a conditional use after site plan approval under the terms established in this ordinance, in Greenwich Township Procedural Ordinance, and N.J.S.A. 40:55D-1 et seq., and in accordance with the following general stipulation and guidelines:
1.
The use for which application is being made is specifically authorized as a conditional use for the district in which it is proposed.
2.
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected.
3.
That reasonable consideration is afforded the character of the neighborhood and the district in which the use will be located; the conservation of property values; the avoidance of congestion of vehicular traffic; and the avoidance of any unnecessary hazards.
b.
Application and Review Procedure. All applications for conditional uses shall be made to the Secretary of the Board after formal notification to the Zoning Officer of the application filing, except where the Board of Adjustment hears such an application as part of a variance application pursuant to Article II, subsection 24-1.3b of the Greenwich Township Procedural Ordinance. The completeness of an application for a conditional use permit shall be determined by the approving authority concurrently with its determination of the completeness of the accompanying site plan application. The approving authority shall grant or deny an application for a conditional use within 95 days of submission of a complete application, or within such further time as may be consented to by the applicant.
c.
A properly noticed public hearing on each application for a conditional use permit shall be held, concurrently with any required public hearing on an accompanying site plan, pursuant to the rules and requirements contained in the Greenwich Township Procedural Ordinance.
d.
Failure of the approving authority to act within the period prescribed shall constitute approval of the application and a certificate of the approving authority's administrative officer to the failure of the approving authority to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval required either in this ordinance or the Greenwich Township Procedural Ordinance.
§ 26-10.6 (Reserved) [1]
§ 26-10.7 Certificate of Occupancy.
[Res. 1-24-79]
It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof, hereinafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, or to continue the use of a building, structure or premises a legal, nonconforming use until a certificate of occupancy shall have been issued therefor by the Zoning Officer stating that the proposed use of the building or land conforms to the requirements of this ordinance.
a.
Following the completion of construction, reconstruction or alteration of any building or structure, or prior to any change in the use of any building, structure or land, the applicant shall transmit, by registered mail, to the Zoning Officer a letter stating that such construction has been completed, or that a new or changed use is being proposed. All applicants for certificates of occupancy shall be accompanied by the required fee. Within seven days of the receipt of this letter, the Zoning Officer shall make all necessary inspections of the completed structure and/or proposed use to determine conformance with the terms of this ordinance and either issue a certificate of occupancy or a letter of denial stating the reasons therefor.
b.
The Zoning Officer shall, upon proper application accompanied by necessary proof or documentation, issue certificates of occupancy for uses existing at the effective date of this ordinance in order to officially validate:
c.
A certificate of occupancy shall be issued only if the Zoning Officer finds that the requirements of this ordinance or applicable supplementary actions or requirements of the Zoning Board of Adjustment, Planning Board or Governing Body have been complied with. Any certificate of occupancy shall be continued in force only so long as the use or building for which it was issued continues to conform to the requirements of this ordinance. A record of all certificates shall be kept on file in the office of the Zoning Officer and copies of all certificates issued shall be forwarded to the Township Tax Assessor. All applications for certificates of occupancy shall be accompanied by the required fee.
§ 26-10.8 Fees.
[Res. 1-24-79]
The fee for a zoning permit, certificate of occupancy, and application to the Zoning Board of Adjustment shall be as established by ordinance of the Township Committee and codified in Chapter 24, Section 24-8. Zoning permit and certificate of occupancy fees shall be paid to the Zoning Officer upon application for said permit or certificate, and to the Administrative Officer of the approving authority in connection with an application for a conditional use or variance. Other fees, escrow payments, performance guarantees shall be as specified in particular cases in Articles VIII and IX, and in Chapter 24, Procedural Ordinance.