Moorestown City Zoning Code
ARTICLE XXVI
Administration and Enforcement
§ 180-100 Zoning Officer; duties.
The Zoning Officer shall have the general duty and authority to administer and enforce the provisions of this chapter, except as otherwise provided by law or by this chapter. He shall examine and file all applications for zoning permits; issue permits for such construction and uses as are in accordance with the terms and provisions of this chapter or lawful order of the Board of Adjustment; record and file all applications for zoning permits, together with the plans, documents and other papers accompanying such applications; collect all fees that may be payable to the Township under this chapter and render an account to the Township at the end of each calendar month and pay over to the Township Treasurer the total amount of fees collected; make such reports to the Township Manager with respect to his work and the operation of this chapter as may be required by the Township Manager from time to time; and institute and conduct lawful proceedings to prevent threatened violations of this chapter and/or to correct conditions resulting from the violations thereof; and prosecute persons who shall have violated or who shall be engaged in violating any of the terms or provisions of this chapter. In addition, the Zoning Officer shall have those duties ascribed to the Administrative Officer under Chapter 291 of the Laws of New Jersey 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-2 et seq.
§ 180-101 Zoning permits required.
[Amended 6-9-1980 by Ord. No. 1037]
A.
No person hereafter shall erect, locate or alter any building or portion thereof or begin or change the use of any building or land without first obtaining a zoning permit therefor from the Zoning Officer. All applications for zoning permits shall be in writing and shall be addressed to the Zoning Officer, shall be signed by the owner of record of land, shall be made on such forms as may be prescribed and furnished by the Township and shall contain all information called for by such forms and be accompanied by such plans as may be required, together with any additional information that may be requested by the Zoning Officer, in order that he may determine whether the proposed erection, location or alteration of a building or the proposed use or change of use of land will comply with the terms and provisions of this chapter or lawful order of the Planning Board of a site plan or minor site plan application or the Board of Adjustment. A zoning permit shall be granted or refused by the Zoning Officer within 45 days next after the date on which he shall have received a proper application. All applications filed, together with the accompanying plans and documents, shall be public records. Any zoning permit issued hereunder shall be subject to the fulfillment of all conditions imposed by the Board of Adjustment of the Planning Board under the Land Subdivision and Development Ordinance.[1]
B.
A zoning permit shall also be obtained upon application to and review and approval by the Planning Board and subject to the same procedures set forth above, prior to the following types of changes to buildings generally frequented by the public or to which the public is commonly invited (e.g. retail sales or personal service) if said buildings shall be located within an SRC or BP-2 District:
[Amended 5-10-2021 by Ord. No. 11-2021]
(1)
An addition or major alterations to buildings, including changes in or to or arrangement of the interior walls or partitions appurtenant to a use or uses occupying, in aggregate, 25% or more of the total floor area.
(2)
Changes in the arrangements for occupancy, tenancy, maintenance and/or ownership of use or uses, facilities, space and/or common areas, including a change from single, partnership, association or corporation ownership to condominium ownership.
(3)
A change in the arrangements of responsibility for maintenance and management of use or uses, facilities, space and/or common areas, including a change from a single-management operation to a multiple-lease area management.
D.
Permits for demolition of certain properties.
[Added 12-20-1999 by Ord. No. 1908-99]
(1)
No person shall demolish or remove any principal or accessory building (including carriage houses, tenant houses, barns or similar buildings), of which at least 500 square feet of the footprint is more than 75 years old at the time of the proposed demolition or removal, without first obtaining a zoning permit therefor from the Township Zoning Officer. All applications for such zoning permits shall be in the form set forth in Subsection A above.
[Amended 12-5-2005 by Ord. No. 34-2005]
(2)
The Zoning Officer shall, as a condition of granting the permit, require that the applicant appear before the Appearance Committee for a hearing to consider the application. The applicant shall publish a public notice of the hearing in the official newspaper for the Township for such notice and notify those entities as required by the Zoning Officer and shall make a good faith effort to work with the Appearance Committee to find alternatives to demolition.
(3)
The Appearance Committee shall review the application based on: the age of the building; the historical value or significance of the building; the physical condition of the building; and possible alternate uses of the building, and provide the Zoning Officer with a written report of its findings.
(4)
The Zoning Officer may issue a zoning permit upon the applicant providing a written signed agreement approved by the Appearance Committee providing for an alternative to complete demolition of the building(s), which may include a satisfactory disassembly and removal of the buildings. A zoning permit may also be issued where the applicant and the Director of Community Development agree that demolition is appropriate. In the event that a zoning permit has not earlier been issued, the Zoning Officer shall issue the zoning permit within 180 days of receipt of a complete application therefor, or within a longer time period as to which may be agreed to by the applicant.
[Amended 12-5-2005 by Ord. No. 34-2005]
(5)
For the purposes of this section, "demolition" shall mean the destruction of greater than 25% of any of the following: the cubic footage of the building; the square footage of the floor area of the building; or the square footage of the exterior walls of the building. This section shall not apply to demolition or removal of buildings pursuant to the Township's power of condemnation or by order of the Township Construction Official based on health and safety.
§ 180-102 Final inspection and certificate of conformity.
A.
Upon the completion of the erection, location or alteration of any building or portion thereof for which a zoning permit shall have been issued, but prior to the use or occupancy of such building or alteration, the holder of the permit shall notify the Zoning Officer of such completion, whereupon the Zoning Officer shall inspect the premises and, upon ascertaining that the erection, location or alteration referred to in the zoning permit has been done in conformity with said permit and the terms and provisions of this chapter or lawful order of the Board of Adjustment or Planning Board, shall issue a certificate in writing that says the work has been inspected by him and approved as in conformity with all zoning and Land Subdivision and Development Ordinance requirements of the Township. Such certificate of conformity may be endorsed by the Zoning Officer upon the original zoning permit. No person shall use or occupy any building hereafter erected or located on any lot or use or occupy any alteration of any building hereafter made, unless and until a certificate of conformity shall have been duly issued as required by this chapter.
B.
Prior to the completion of all work required by the zoning permit, the Zoning Officer may authorize the granting of a conditional certificate of conformity to permit use or occupancy for a period of six months under prescribed conditions. The conditions imposed therein must be satisfied and all work completed prior to the granting of a final certificate of conformity.
C.
Any damage to curb, sidewalk, street or other public facilities occurring during construction authorized by a building permit shall be repaired or restored to the satisfaction of the Director of Public Works prior to the issuance of a certificate of conformity.
§ 180-103 Other required permits not affected.
The zoning permit and certificate of conformity required by this chapter are in addition to and not in lieu of any and all other permits and certificates that are or may be required by law or by any governmental agency or by virtue of any other ordinance or ordinances of the Township of Moorestown or otherwise.
§ 180-104 Right to initiate proceedings.
Notwithstanding the fact that the Zoning Officer is charged with the duty of enforcing the provisions of this chapter, it shall be competent and proper for any person or persons having knowledge of the violations of this chapter to initiate proceedings for the prosecution of the person or persons believed to have committed such violation.
§ 180-105 Fees and permits.
An applicant shall be required to pay the following fees and/or costs:
A.
Zoning permit/certificate of conformity: $50.
[Amended 7-28-1997 by Ord. No. 1832-97; 4-30-2007 by Ord. No. 14-2007]
B.
Zoning Board of Adjustment fees. Each applicant for a hearing, excluding nonprofit corporations qualifying under Section 502 of the Internal Revenue Code, before the Moorestown Township Zoning Board of Adjustment shall pay to the Zoning Officer the fee(s) as outlined in § 158-14B, Schedule of fees and escrows.
[Amended 6-8-1981 by Ord. No. 1082; 4-5-1993 by Ord. No. 1648-93; 7-28-1997 by Ord. No. 1832-97; 12-9-2002 by Ord. No. 2023-02; 4-30-2007 by Ord. No. 14-2007; 3-11-2013 by Ord. No. 2-2013; 3-8-2021 by Ord. No. 8-2021]
C.
At the time of submitting an application to the Department of Community Development, the applicant shall be required to execute an escrow agreement to cover all necessary and reasonable costs incurred by the municipal review agency during the review of the application on a form as approved by the Township Attorney. The amounts specified for escrow are estimates which shall be paid prior to certification of a complete application. In the event that more than the amounts specified for escrow are required to pay the reasonable costs incurred, the applicant shall, upon written demand of the Department of Community Development, pay into the escrow all additional sums required. All costs incurred shall be reimbursed by the applicant whether the application is approved or denied.
[Amended 4-30-2007 by Ord. No. 14-2007]
§ 180-106 Time limit on permit for construction or use.
If construction, erection, location, alteration or use of a building or land which is authorized by a zoning permit issued by the Zoning Officer, under the provisions of § 180-101 hereof, is not substantially undertaken within 12 months of the date of issue or authorization or if there is a failure to comply within the twelve-month period with any conditions imposed, such zoning permit or authorization shall be void. Nothing herein shall preclude the renewal of such permits or authorization upon proper application, provided that any such renewal or authorization granted 24 or more months after the date of the original authorization or permit shall be subject to the use, area, parking, height and other requirements which are applicable at the time of such renewal.
§ 180-107 Standards for review.
[Amended 11-17-2008 by Ord. No. 18-2008]
In any instance where the Board of Adjustment or the Planning Board is required by this chapter to consider a request for use on a conditional use or variance basis or when a change in this chapter or Zoning Map is under consideration, the Board of Adjustment or the Planning Board shall:
A.
(Reserved)
B.
(Reserved)
C.
(Reserved)
D.
(Reserved)
E.
(Reserved)
F.
Make certain that the proposed change is reasonable in terms of the logical, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection and public schools.
G.
(Reserved)