Mount Ephraim City Zoning Code
ARTICLE VII
Administration, Enforcement and Appeals
§ 525-41 Zoning Officer. [1]
[Amended 12-5-1996 by Ord. No. 650]
It shall be the duty of the Zoning Officer of the Borough of Mount Ephraim to administer and enforce this chapter. In no case shall a permit be issued for the construction or alteration of any building where the proposed construction or alteration would be in violation of any provision of this chapter. It shall be the duty of the Zoning Officer to cause any new buildings, plans or premises to be inspected or examined and order the owner in writing that any condition be remedied which is found to exist in violation of any provisions of this chapter, and he shall have the right to enter any building or premises during the daytime in the course of his/her duties. A copy of each such report shall be filed with the governing body.
[1]
Editor's Note: See also Ch. 39, Officers and Employees, Art. IV, Zoning Officer and Property Maintenance Enforcement Officer.
§ 525-42 Building permits and procedures.
[Amended 12-5-1996 by Ord. No. 650; 1-8-2004 by Ord. No. 718]
Every application for a building permit shall be accompanied by three sets of plans drawn in ink or blueprint and show the actual shape and dimensions of the lot to be built upon, the exact location, size and height of the building and accessory buildings existing and proposed, and the lines within which the building structure is to be erected or altered, the existing or intended use of each building or part of a building, the number of families or dwelling units the building is designed to accommodate, the number and location of off-street parking spaces and off street loading areas, and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. One copy of such plans shall be returned to the owner when such plans shall have been approved by the Construction Official, together with such permit as may be granted. Said permit shall be prominently displayed in the window closest to the main entranceway of the building or structure; if no window is present, the permit shall be posted on any part of the structure, in a manner visible to the general public and in a way so as to not permit natural conditions to damage the permit. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey of the lot by a licensed land surveyor in the State of New Jersey. The lot and the location of the building thereon shall be staked out on the grounds before construction is started. No building permit shall be issued for any new building located in a subdivision unless that subdivision is duly approved by the Joint Land Use Board in accordance with the provisions of Chapter 518, Subdivision of Land.
§ 525-43 Certificate of occupancy.
A.
It shall be unlawful to use or permit the use of any building or part thereof, hereafter erected, altered, converted or enlarged, wholly or in part, until a certificate of occupancy, applied for at the time of application for a building permit, shall have been issued by the Building Inspector. Such certificate shall show that such building, or part of a building, and the proposed use thereof, conform to the requirements of this chapter. It shall be the duty of the Building Inspector to issue a certificate of occupancy only when he is satisfied that the building, or part of a building, and the proposed use thereof, conform to this chapter and all other applicable codes and ordinances of the Borough. Such occupancy permits shall be granted or denied in writing within 10 days from the date that a written application is filed with the Building Inspector unless some additional time is agreed to by the applicant.
B.
Should the Building Inspector decline to issue a certificate of occupancy, his reasons for doing so shall be so stated on one copy of the application and that copy returned to the applicant.
C.
Revocation. On the serving of notice of any violation of any of the provisions or requirements of this chapter with respect to any building, use or land as provided in § 470-14 of Chapter 470, the certificate of occupancy for such use shall thereupon, without further action, be null and void and a new certificate of occupancy shall be required for any further use of such building, use or land.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D.
Filing. A monthly report of the certificates of occupancy shall be filed with the Tax Assessor. A record of all certificates of occupancy shall be kept in the office of the Building Inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected. The charge for each copy shall be set forth in Chapter 470, Land Use Procedures, Article III, Fees, except that there shall be no charge to a municipal agency.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Original § 99-45, Violations and penalties, consisting of Subsections A and B (Subsection B being added 9-7-1976 by Ord. No. 364), of the 1973 Borough Code and which was located in original Art. X, Violations and Penalties, which previously followed this subsection, was relocated to § 470-14, of Ch. 470, Land Use Procedures, at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 525-44 Appeals from Zoning Officer action.
[Amended 12-5-1996 by Ord. No. 650]
An appeal to the Joint Land Use Board may be taken by any interested party affected by any decision of the Zoning Officer of the municipality based on or made in the enforcement or interpretation of the Zoning Ordinance or Official Map. Such appeal shall be taken within 65 days by filing a notice of appeal to the Clerk of the Joint Land Use Board in accordance with provisions of N.J.S.A. 40:55D-69 et seq.
§ 525-45 Action instituted by Borough.
In case any building or structure is erected, constructed, reconstructed, altered or converted, or any building or structure is used in violation of or contrary to the provisions of this chapter, the Borough may institute an action to enjoin, or any other appropriate action or proceedings, to prevent such erection, construction, reconstruction, alteration, conversion or use.
§ 525-46 Action instituted by citizen.
[Amended 12-5-1996 by Ord. No. 650]
Any citizen of the Borough may notify the Zoning Officer in writing of conditions in violation of this chapter. If the notification does not bring satisfactory results, an appeal may be made to the governing body in writing and thereafter to the court.[1]
[1]
Editor's Note: Original Art. XI, Amendments, consisting of original § 99-48, Amendments to chapter, of the 1973 Borough Code and which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original Art. XII, Appeals, added 8-4-1981 by Ord. No. 440 and which previously followed, consisted of § 99-49, Zoning Board of Adjustment, as amended, which section has been relocated to § 525-44, Appeals from Zoning Officer action, in this Art. VII. Original § 99-50, Matters for appeal; time limit; notice of appeal, as amended, of the 1973 Borough Code, was repealed 3-7-2002 by Ord. No. 692.
