Haddon Township City Zoning Code
ARTICLE VIII
Administration and Enforcement
[Amended 12-22-2015 by Ord. No. 1349]
§ 142-67 Required permits.
A.
No structure or lot shall be used in violation of this chapter. No person shall 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.
B.
No structure shall be erected or altered until a construction permit is obtained from the Construction Code Official in accordance with the provisions of this chapter and such other laws as may be applicable to such matters; provided, however, that no construction permit shall be issued unless a zoning permit has first been issued as required by this article.
C.
No structure shall be occupied or used for any purpose or in any manner until a certificate of occupancy has been issued by the Construction Code Official in accordance with this chapter and pursuant to such other laws as may be applicable to such matters.
D.
The zoning permit, construction permit and certificate of occupancy required by this chapter are in addition to and not in lieu of any and all other permits and/or certificates that are or may be required by any other section of the Code of the Township of Haddon or under any other applicable laws and/or governmental regulation.
E.
Notwithstanding the above, nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any construction permit has been granted before the enactment of this chapter, provided that construction from such plans shall have been started within six months after the enactment of this chapter and shall be continuously and diligently pursued to completion; otherwise said permit shall be void and any future construction or use of the property that was the subject of the permit shall be performed in accordance with the provisions of this chapter.
§ 142-68 Zoning Officer; duties; zoning permits.
A.
The Township Commissioners shall appoint a Zoning Officer for the purposes of administering this chapter and related land use ordinances.
B.
The duties of the Zoning Officer shall include, without limitation, the following:
(1)
To interpret this chapter in accordance with its literal intent;
(2)
To be responsible for the enforcement of this chapter and all conditions of approval granted by the Haddon Township Joint Land Use Board, including investigation of complaints arising thereunder and prosecution of violations thereof;
(3)
To inspect the structures and land in the Township in furtherance of the duties established herein;
(4)
Upon the request of the Haddon Township Joint Land Use Board, to present facts, records or similar information so as to assist that agency in making a decision in a matter brought before it;
(5)
To review and act upon zoning permit applications in accordance with the standards of this chapter, including the power to deny such applications and the power to issue a zoning permit upon approval of such applications;
(6)
To issue a written notice of violation when, upon investigation, the Zoning Officer determines a violation of this chapter exists; and
(7)
To issue a summons in the municipal court and/or to execute all necessary affidavits in support of a complaint filed in a court of appropriate jurisdiction relating to the enforcement of any provision of this chapter.
C.
Zoning permits defined; when required; applications.
(1)
A zoning permit shall be defined as a document signed by the Zoning Officer which:
(a)
Is required by this chapter as a condition precedent to the commencement of the erection, construction, reconstruction, alteration, conversion, installation and/or use of any structure or building; and
(b)
Acknowledges that such use, structure or building complies with the provisions of this chapter or a variance therefrom that has been duly authorized and granted by the Haddon Township Joint Land Use Board pursuant to N.J.S.A. 40:55D-1 et seq.
(2)
Notwithstanding any other provisions of this Code, and in addition thereto, a zoning permit shall be required for the following:
(a)
Change of use of any structure or change of the use of any land, including but not limited to the change of any nonresidential use to another nonresidential use, such as, but not limited to, change of tenancy of any commercial structure or building;
(b)
The erection, construction, reconstruction, alteration or installation of any structure or any addition thereto which does not require site plan approval, including but not limited to fences, additions, sheds, retaining walls, garages, solar panels, decks, patios, pools and driveways;
(c)
The erection, construction, reconstruction, alteration or installation of any accessory structure or accessory use; and
(d)
Where required by any other part or portion of this chapter, any other chapter of the Code of the Township of Haddon or any other applicable law, including but not limited to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
(3)
Required information.
(a)
Except as may be provided in Subsection C(3)(b) below, an application for a zoning permit shall be filed, in writing, by the owner of a property or his authorized agent on the forms maintained on file in the Zoning Office and shall include but not be limited to the following information:
[1]
A statement of the use or intended use of the building, structure or land;
[2]
A copy of a survey prepared by a New Jersey licensed professional surveyor or engineer showing the exact size, shape and location of all proposed structures and all existing structures, the location of the required building envelope, any easements or other restrictions applicable to the land, including those required by any approval of the Haddon Township Joint Land Use Board and any other local, state or federal agency with jurisdiction over the property or the proposed and existing use or uses thereon, the proposed setbacks from all property lines for the proposed building or structure, and such other information as may be necessary to provide for the enforcement of this chapter;
[3]
Written verification that all federal, state, county and local agency permits and approvals required for the construction, erection or alteration of such structure or use of the building, structure or land have been applied for and/or obtained;
[4]
Written verification issued by the Haddon Township Tax Collector stating that all real property taxes and sewer assessments chargeable to the property or properties for which such application has been filed have been paid in full, except for taxes and assessments which are not yet due and payable on the date such application is received by the Zoning Officer;
[5]
Such other documentation, data and/or plans as the Zoning Officer may require to properly take action on the application; and
[6]
An application fee in the amount set forth in § 111-40 of this Code.
(b)
Notwithstanding the foregoing, the Zoning Officer may relax the survey requirement if, in the exercise of reasonable discretion, the interests of the Township could still be served despite deviation from the specific requirement for same; provided, however, that the applicant has submitted such other documentation, such as a hand sketch, which the Zoning Officer reasonably believes is a true and accurate representation of existing and proposed conditions and is sufficient to enable the Zoning Officer to assess same in accordance with the requirements of this chapter.
D.
Zoning permits; action on application; issuance.
(1)
The Zoning Officer shall act upon a zoning permit application within 10 days of the date the application is filed.
(2)
The Zoning Officer shall deny a zoning permit if the Zoning Officer determines that the plans and other documentation submitted by the applicant demonstrate the proposed structure or use does not comply with any one or more of the requirements of this chapter. In this event, the Zoning Officer shall mark the application "DENIED" and shall note thereon the reasons for the denial.
(3)
The Zoning Officer shall approve the application if the Zoning Officer determines the proposed structure or use complies with all of the requirements of this chapter applicable to the property and/or use that is the subject of the application. In this event, the Zoning Officer shall issue a zoning permit on the form approved by the governing body and maintained on file in the Zoning Office, as same may be amended from time to time.
E.
Inspection after issuance.
(1)
In the case where a zoning permit relates to a certain use of a specific property or properties, the Zoning Officer shall, within 60 days of the issuance of said zoning permit, conduct an inspection of the property to determine compliance with the use approved by the zoning permit and/or any conditions thereof that are expressly written on the face of the zoning permit.
(2)
In the case where a zoning permit relates to the erection, construction, reconstruction, alteration or installation of any structure or building, the holder of the permit shall notify the Zoning Officer upon the completion of such work, whereupon the Zoning Officer shall inspect the premises to determine compliance with the terms of the zoning permit and/or any conditions thereof that are expressly written on the face of the zoning permit.
F.
Zoning violations; issuance of summons. When any violation of this chapter shall be found by the Zoning Officer to exist, or when any purported violation shall be brought to his attention, it shall be mandatory upon the Zoning Officer to conduct an investigation of same. In the event the Zoning Officer determines that a violation of this chapter exists, it shall be mandatory upon the Zoning Officer to serve written notice of said violation by certified mail, return receipt requested, or personal service upon the owner and/or occupant thereof and to provide a copy of such notice to the Township Clerk. In the event the owner and/or occupant of the property fails to abate said violation within 10 days of the date such notice was served, it shall be mandatory upon the Zoning Officer to file a complaint in the appropriate court of jurisdiction.
§ 142-69 Construction Code Official; construction permits.
A.
The Township Commissioners shall appoint a Construction Code Official for the purposes of processing applications for construction permits and certificates of occupancy pursuant to this chapter and to perform such other duties delegated to the position by any other provision of the Code of the Township of Haddon and/or any other applicable law.
B.
Construction permit; application; procedures.
(1)
It shall be the responsibility of every property owner or his/her authorized agent to apply for and obtain a construction permit prior to erecting, constructing, reconstructing, altering or installing any structure or building on any property within the Township of Haddon.
(2)
Every application for a construction permit shall be filed, in writing, by the owner of a property or his/her authorized agent on the forms maintained on file in the Construction Office and shall include, but not be limited to, three sets of plans drawn in ink or a blueprint showing the actual shape and dimensions of the property where the construction is to occur, the exact location, size and height of all existing and proposed structures, the existing and intended use of each structure, the number of dwelling units the structure is designed to accommodate, if any, the number and location of off-street parking spaces and off-street loading areas and such other information with regard to the structures, lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter, the Building Code, Uniform Construction Code and all other applicable laws. All dimensions shown on said plans relating to the location and size of the lot to be built upon shall be based on an actual survey of the lot prepared by a New Jersey licensed land surveyor.
(3)
The Construction Code Official shall approve or deny a construction permit application within 10 days of the date a complete application is submitted to the Construction Office, unless additional time is agreed upon in writing by the applicant, except that:
(a)
Applications for any such class or type of construction which requires state review and approval shall not be considered by the Construction Code Official unless and until the applicant submits the appropriate plans and specifications certified or approved by the appropriate state agency pursuant to the regulations established under N.J.S.A. 52:27D-119 through 141;
(b)
Applications for structures which also require site plan approval by the Haddon Township Joint Land Use Board shall not be considered by the Construction Code Official until the Construction Code Official has received a written report from, and/or notice of approval issued by, said Board; and
(c)
No construction permit shall be issued unless a zoning permit has first been issued, as required by § 142-67B, in the manner provided in § 142-67C and D of this article.
(4)
The Construction Code Official shall approve or deny the application and shall return to the applicant one copy of the construction permit application and supporting plans, together with such permit as may be granted; provided, however, that the applicant shall first be advised of, and remit payment of, the permit fee as established pursuant to § 111-11 of this Code.
(5)
The lot and the location of structure(s) thereon shall be staked out on the grounds before construction is started.
C.
Permit term. A construction permit issued in accordance with the foregoing provisions of this section under which no construction has been undertaken above the foundation walls within one year from the date of issuance shall be deemed expired.
D.
Maintenance of records; reporting.
(1)
In addition to the duties set forth elsewhere in the Code of the Township of Haddon, it shall be the duty of the Construction Code Official, or his or her designee, to keep a record of all applications for construction permits and all construction permits which are either issued or denied, with notations of any conditions involved, which data shall form a part of the Township public records.
(2)
The Construction Code Official, or his or her designee, shall file a monthly report with the Tax Assessor identifying all construction permits issued that month, including the block and lot of the affected properties.
§ 142-70 Certificate of occupancy.
A.
It shall be unlawful to use or permit the use of any structure or part thereof, either occupied by a new use or hereafter erected, altered, converted or enlarged, wholly or in part, until a certificate of occupancy shall have been issued by the Construction Code Official. It shall be the duty of the Construction Code Official to issue a certificate of occupancy only when he is satisfied that the structure or part thereof and the proposed use conform to this chapter, any other applicable provisions of the Code of the Township of Haddon and/or all other applicable laws and regulations.
B.
A certificate of occupancy shall be granted or denied in writing within 10 days from the date that a written notification is filed with the Construction Code Official that construction is completed, unless additional time is agreed upon by the applicant in writing.
C.
Should the Construction Code Official decline to issue a certificate of occupancy, his reasons for doing so shall be so stated on two copies of the application and one copy shall be returned to the applicant.
D.
Upon notice being served of any condition found to exist in violation of any provision(s) of this chapter, the Building Code or any other applicable codes or ordinances of the Township with respect to any land use or structure, the certificate of occupancy for such land use or structure shall thereupon, without further notice, be null and void and a new certificate of occupancy shall be required for any further use of such structure or land.
E.
A monthly report of the certificates of occupancy issued shall be filed with the Tax Assessor. A record of all certificates of occupancy shall be kept in the Construction Office and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the structure or land affected.
F.
All streets, both internal and external (including grading and paving), driveways, parking areas, sidewalks, curbs, gutters, street lighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers, drainage structures, and other such improvements as may be found necessary for the health, safety and welfare of the public and in the public interest shall be installed at the expense of the developer and shall be completed to the satisfaction of the Township Engineer before a certificate of occupancy may be issued. In lieu of total completion of landscaping improvements only, an adequate performance guarantee posted in accordance with the provisions of § 142-63 of this chapter may be accepted for a period of not more than one year, during which each such landscaping improvement shall be completed or the guarantee will be forfeited.
