Mantoloking City Zoning Code
ARTICLE IV
Administrative Officer
§ 30-13 Zoning Officer.
A.
Establishment. There is hereby created and established in the Borough the position of Zoning Officer. The Zoning Officer shall exercise all of the powers and duties of the Administrative Officer referred to in N.J.S.A. 40:55D-1 et seq. and of the Zoning Officer referred to in all Borough ordinances and all further powers and duties as provided in this chapter.
B.
Enforcement. The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the zoning officer, who shall have such powers as are conferred upon him by this chapter and as reasonably may be implied. It shall be the duty of the zoning officer 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 this chapter, and he shall have the right to enter any commercial buildings or premises during the daytime, or other normal business hours of the premises during which the business is open to the public, in the course of his duties.
C.
Function and duties.
(1)
All requests, inquiries and applications pertaining to land use and development, including but not limited to zoning permits, development permits, variances, subdivisions and general information, shall be referred to the Zoning Officer, prior to action being taken by any other Borough official, employee or Board.
(2)
Upon receipt of an application for a zoning permit, the Zoning Officer shall either:
(a)
Issue a zoning permit and refer the applicant to the Construction Official for the issuance of a building permit; or,
(b)
If appropriate, deny a zoning permit and provide the applicant with a copy of the denial and/or the appropriate application forms and instructions for application to the Planning Board for a development permit.
(3)
The Zoning Officer shall issue or deny a zoning permit within ten (10) business days of receipt of a request for the permit. If the Zoning Officer fails to grant or deny a zoning permit within this period, the failure shall be deemed to constitute approval of the application for the zoning permit.
(4)
The Zoning Officer shall receive for filing all applications for development permits, supporting documents and required fees, and if the application is complete and correct as to form, shall deem the application complete and shall refer it to the Planning Board. If the application is incomplete and/or incorrect as to form, the Zoning Officer shall notify the applicant in writing to that effect within forty-five (45) days.
(5)
When notice to property owners is required, the Zoning Officer shall refer the applicant to the Tax Assessor's Office for the Tax Assessor's preparation of a list of property owners to be served with notice by the applicant.
(6)
The Zoning Officer shall retain one (1) copy of each application for a development permit and supporting documents, shall transmit one (1) copy to the Borough Engineer, Construction Official, Fire Subcode Official, Fire Chief and Police Department, respectively, and shall transmit the balance of the application forms and documents to the Secretary of the Planning Board.
(7)
The Zoning Officer shall perform any other function or duty incidental to the foregoing; provided, however, that all action taken by the Zoning Officer shall be in compliance with the provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented, and all other pertinent ordinances and amendments thereto.
(8)
When it is ascertained that a violation of any ordinance pertaining to land use exists, the Zoning Officer shall serve a violation notice in writing upon the property owner. The Zoning Officer shall provide one (1) copy of the violation notice to the Borough Clerk. The Zoning Officer may file a complaint in the Municipal Court if the violation has not been abated within a reasonable time.
(9)
Any Borough official who issues or serves a violation notice pertaining to land use shall promptly furnish to the Zoning Officer one (1) copy of the violation notice as well as one (1) copy of any disposition of the violation notice.
(10)
The Borough Tax Assessor shall promptly furnish to the Zoning Officer one (1) copy of each real property transfer.
(11)
It shall be the duty of the Zoning Officer to keep a record of all applications for, and of all permits and certificates issued, with a notation of all special conditions involved. He or she shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of the Zoning Office, and shall be available for the use of Mayor and Council and all members of the public.
(12)
Deputy Zoning Officer. A Deputy Zoning Officer may be appointed by the Mayor to serve at his or her pleasure. The Deputy shall act in the absence of the Zoning Officer during any period of absence greater than three (3) business days, and whenever the Zoning Officer is unavailable due to illness or emergent circumstances. The Deputy shall have all the powers and duties of the office.
§ 30-14 Zoning permits.
A.
A zoning permit is required for the construction, erection or alteration of any structure, or part of a structure, or use of a structure or land for purposes other than those permitted by this chapter. All requests for zoning permits shall be made in writing by the owner, or the authorized agent, and shall include a statement of the use, or intended use, of the building, or structure, or land, and shall be accompanied by a plan of the plot showing thereon the exact size, shape and location of all proposed structures and all existing structures and such other information (including a site plan or elements of a site plan) as may be necessary to provide for enforcement of this chapter and as may be reasonably required by the Zoning Officer.
B.
Submission requirements for zoning permits. An applications for a zoning permit shall be submitted in writing to the Zoning Officer in triplicate and shall include:
(1)
A statement of the use, or intended use, of the building, or structure, or land;
(2)
A plan of the plot showing thereon the exact size, shape and location of all proposed structures and all existing structures and such other information (including a site plan or elements of a site plan) as may be necessary to provide for enforcement of this chapter and as may be reasonably required by the Zoning Officer.
(3)
At least three (3) copies of the required plat maps and supporting attachments, exhibits and other information.
(4)
The required fee.
(5)
A construction parking plan must be submitted with each zoning permit application. The Zoning Officer may reject any plan which does not, in the reasonable exercise of his discretion, provide for adequate off-street parking for the proposed project. The applicant shall represent that they have obtained permission from all involved property owners or occupants of premises which will be utilized for off-street parking.
C.
Initial review of application by Zoning Officer.
(1)
If the Zoning Officer has legal authority to approve the application and determines that the application conforms to the requirements of this chapter and all applicable law, the Zoning Officer shall issue a zoning permit to the applicant. The applicant may then request that the Construction Official issue a building permit. Prior to construction, the applicant must obtain both a zoning permit and a building permit.
(2)
If the Zoning Officer reviews the application and determines that it should be denied, the Zoning Officer shall issue a written denial of the application and shall advise the applicant of the applicant's right to appeal the denial by requesting the Planning Board to issue a development permit. Upon issuance of a development permit by the Planning Board, the applicant may request that the Construction Official issue a building permit.
D.
Specific zoning permit provisions.
(1)
Properties contiguous with NJ Route 35 or Barnegat Lane. Upon filing an application for a zoning permit for a project upon any property which is contiguous with N.J. Route 35 or Barnegat Lane, the applicant shall also simultaneously present to the Zoning Officer a proposed construction parking plan which shall show the location of off-street parking for all vehicles which will be utilized by or associated with the work of the project. The number of off-street parking spaces shall be sufficient to ensure that parking regulations will not be violated by the presence of vehicles utilized or associated with the project.
E.
Expiration of zoning permits.
(1)
All zoning permits issued by the Zoning Officer shall expire upon the earliest of the following events to occur, unless the applicant has substantially relied upon the issuance of the zoning permit:
(a)
One (1) year after date of issuance of the permit;
(b)
The adoption of an ordinance amendment which renders the permit noncompliant with the provisions of the ordinance; or
(c)
Upon the amendment of the plans on which the permit was based and issued, where the amendments affect the zoning of the property.
§ 30-15 Applications for development permits.
A.
Application shall first be made to the Zoning Officer by any person wishing to undertake any of the following:
(1)
Subdivision of land;
(2)
Construction of a new building or structure;
(3)
Addition to, or structural alteration, of any existing structure;
(4)
Change of the use of any land or change of use within any building or structure;
(5)
Interior alterations which increase the required number of off-street parking spaces;
(6)
Construction, addition or alteration of any parking area, fence, signs, lighting, drainage facility or any other site improvement above and/or below ground level;
(7)
Alteration of the existing grade of any parcel of land;
(8)
Erection of a tent pursuant to the provisions of this chapter;
(9)
The construction or alteration of any public facility, structure or building for which referral to the Planning Board for review and recommendation is required by N.J.S.A. 40:55D-31; or
(10)
Change in lot size in conjunction with or subsequent to any condemnation or taking proceeding.
C.
Applications for construction, expansion or alteration of single-family dwellings in a residential zone shall require submission of a site plan; however, the plat requirements of the site plan may be waived or modified in the discretion of the Zoning Officer.
D.
Required submissions for all construction.
(1)
An as-built location survey of the existing, modified, or newly constructed foundation of a building, signed and sealed by a New Jersey licensed professional land surveyor, shall be submitted for approval by the Zoning Officer, prior to any further construction of the building.
(2)
The elevation certificate, required under FEMA regulations, shall be submitted as soon as possible following installation of the first floor and related structural members.
(3)
Promptly upon completion of the structural framing of the highest element of the structure, and prior to application of roof sheathing, the developer shall provide to the Zoning Officer, in form satisfactory to the Zoning Officer, an elevation certificate, prepared and sealed by a New Jersey licensed professional land surveyor, which will demonstrate that the finished structure will not exceed the permitted height.
(4)
An as-built survey of all buildings, lot improvements, final grading and roof elevations signed and sealed by a New Jersey licensed professional land surveyor, shall be submitted for approval by the Zoning Officer. The as-built survey shall include the location of underground utilities and related appurtenances evidenced at ground surface, and shall be updated to locate all subsequent installations.
(5)
In the case of applications which include swimming pools or spas, the developer shall submit to the Zoning Officer an as-built survey at the time the formwork is completed, and prior to actual pouring of concrete or setting of a prefabricated unit. The as-built survey shall locate the pool on the property by reference to property lines, and shall also provide the elevation of the top of the pool.
(6)
In the case of applications which include decks, the developer shall submit to the Zoning Officer an as-built survey immediately upon completion of the deck. The as-built survey shall locate the deck(s) on the property by reference to property lines, and shall also provide the elevation of the top of the deck from existing grade.
(7)
All applications for a development permit shall include a Flood Elevation Certificate for all existing buildings on the site.