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Netcong City Zoning Code

§ 194-65

Enforcement and administration.

A. 
Enforcement by Zoning Officer. The duty of enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer, who shall have all such powers as are conferred upon such person by this chapter and as may reasonably be implied. The Zoning Officer shall be appointed by the Mayor and shall receive such compensation as the governing body shall determine.
[Amended 7-12-2001 by Ord. No. 2001-4]
B. 
Duties and powers of Zoning Officer.
(1) 
The Zoning Officer and his duly authorized assistants shall have the duty and power to inspect or examine structures and uses in the Borough of Netcong, and any plans for structures and uses, to determine their compliance with the provisions of this chapter.
(2) 
Violations found. Where the Zoning Officer (or his assistants) determines that a structure, use or premises is in violation of the provisions of this chapter, he shall order the owner, in writing, to remedy such condition. Said written order shall specify the nature of the violation found to exist, the remedy ordered and the time permitted for such remedy, the penalties and remedies which may be invoked by the Borough and the violator's rights of appeal, all as provided for by this chapter and the laws of the State of New Jersey.
(3) 
Issuance of zoning permits. The Zoning Officer is hereby empowered to issue zoning permits in accordance with the requirements and provisions of this chapter, certifying that the plans for a use, building or structure to be established, constructed or altered are for a use permitted by this chapter for the zone in which it is located and that in all respects it complies with all applicable requirements and provisions of this chapter.
(4) 
Records. The Zoning Officer shall maintain a permanent record of all matters considered and all action taken by him. Such records shall form a part of the records of his office and shall be available for the use of the governing body and other officials of the Borough, county or state and for public inspection by appointment.
C. 
Applications and appeals.
(1) 
Applications for detached single-family dwellings. Each application for a zoning permit for a permitted one-family dwelling unit, and accessory structures, buildings or uses related thereto, shall be made to the Zoning Officer. The Zoning Officer shall carefully consider the application and all supporting documents and thereupon make a determination of the application's compliance with the requirements of this chapter. Based upon said determination, the Zoning Officer shall either issue or deny the zoning permit for which application was made. If the Zoning Officer denies the issuance of the zoning permit, he shall state in writing to the applicant the reasons for such denial. Each application made hereunder shall be accompanied by a survey plan of the lot, derived from the Official Tax Maps or other source of similar or greater accuracy, showing the following:
(a) 
The location of existing and proposed structures or any additions or alterations thereto.
(b) 
Sufficient information and data to clearly show the applicant's compliance with the yard and building requirements of this chapter.
(2) 
Applications for a permitted use for all uses except detached one-family dwellings. All such applications shall be made to the Netcong Borough Planning Board in accordance with the requirements for site plan review, except as provided in this chapter.
(3) 
Applications for variances. All such applications shall be made directly to the Planning Board in accordance with its rules as provided in this section and in this chapter, except as provided in Article III, § 194-13, hereof.
[Amended 12-10-1996 by Ord. No. 96-14]
(4) 
Applications for conditional uses. All such applications shall be made directly to the Planning Board in accordance with the provisions of Article III, § 194-12G, and this section, except as provided in this chapter.
(5) 
Applications for appeal. All such applications shall be made directly to the Planning Board in accordance with the provisions of this chapter and this section.
[Amended 12-10-1996 by Ord. No. 96-14]
(6) 
Applications for interpretations. All such applications shall be made directly to the Planning Board in accordance with the provisions of this chapter and this section.
[Amended 12-10-1996 by Ord. No. 96-14]
D. 
Building permits.
(1) 
No building or structure or part thereof shall be erected, constructed, reconstructed, structurally altered or moved until procedures for issuance of a building permit have been satisfied.
(2) 
A building permit issued in accordance with the Building Code of the Borough of Netcong[1] pursuant to the provisions thereof shall be issued only after or coincident with the issuance of a zoning permit certifying that the application is in compliance with all provisions of the Zoning Ordinance or an approved variance therefrom.
[1]
Editor's Note: See Ch. 140, Construction Codes, Uniform.
(3) 
A building permit shall be secured from the Building Inspector prior to the construction, erection or alteration of any building or structure, or part thereof, and prior to the putting into use of any land or part thereof.
E. 
Zoning permits.
(1) 
Zoning permits shall hereafter be secured from the Zoning Officer prior to construction, erection or alteration of any structure or part of a structure or use of a structure or land. All requests for zoning permits shall be made in writing by the owner or his authorized agent and shall include a statement of the use or intended use and shall be accompanied by a plan of the plot showing thereon the exact size, shape and location of all proposed structures and such other information as may be necessary to provide for the enforcement of this chapter. Said zoning permits shall be granted or denied within 20 days from the date that a written application is filed with the Zoning Officer.
(2) 
The following fees shall be paid to Netcong Borough prior to the issuance of a zoning permit:
[Amended 4-10-1984; 11-12-2020 by Ord. No. 2020-22]
(a) 
For a fence, shed, driveway paving, deck, patio, garage, hot tub, above-the-ground pool or other activities not specifically listed: $25.
(b) 
For in-ground pools: $50.
(c) 
For a new house, alteration or addition to an existing primary structure: $100.
F. 
Violations and penalties.
(1) 
For each and every violation of any provision of this article, the owner, contractor, or other persons interested as general agent, architect, building contractor, owner, tenant or any other persons who commit or take part or assist in any violation of this article, or who maintain any building or premises in which any violation of this article shall exist and who shall have refused to abate said violation within five days after written notice has been served upon him, either by mail or by personal service, shall for each and every violation be subject to such penalties as are provided for in Article I of Chapter 1 of the Code of the Borough of Netcong. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this article.
[Amended 8-10-2006 by Ord. No. 2006-20]
(2) 
In addition to the powers given to the Zoning Officer as prescribed elsewhere by this article, the owner of, or any person having interest in, any property in the Borough of Netcong may make complaint for any violation of this article or any provisions or section thereof and, upon conviction, in such case, the penalties hereinbefore provided shall be imposed.
(3) 
In addition to the remedies herein provided, any person, persons, company or corporation violating this article or any provision or section thereof may be proceeded against by the Borough of Netcong, by the Zoning Officer, or by the owner of any property in the Borough of Netcong, by appropriate action or by proceeding in equity or otherwise to prevent and enjoin any threatened violation of this article.
G. 
Construction prior to approval. Any building permit heretofore issued pursuant to the Zoning Ordinance of the Borough of Netcong adopted in 1970, as amended, shall continue in full force and effect, provided that the holder has substantially undertaken such construction on the date of adoption of this chapter.
H. 
Appeals, variances and other proceedings.
(1) 
General. Procedure on all appeals, petitions and other matters before the Planning Board shall be governed by the provisions of the Revised Statutes and by the officially adopted rules of procedure of the Board. The Chairman or, in the event of his absence or of his physical disability, the Vice Chairman and the Secretary shall sign all orders or instructions to the Construction Official or Zoning Officer pertaining to matters relating to this chapter.
[Amended 12-10-1996 by Ord. No. 96-14]
(2) 
Public hearings. Prior to taking action on any matter relating to this chapter, a public hearing shall be held after public notice, and no action shall be taken respecting such matter until all interested parties present shall have been given an opportunity to be heard.
(3) 
Notification of public hearing. The Planning Board shall fix a reasonable time for the hearing of the appeal, application or other matter. Public notice of the hearing shall be given in accordance with Article V, § 194-26, hereof.
[Amended 12-10-1996 by Ord. No. 96-14]
(4) 
Procedures for variances.
[Amended 12-10-1996 by Ord. No. 96-14]
(a) 
Applications for development may be filed with the Planning Board for action under any of its powers without prior application to the Zoning Officer.
(b) 
A copy of the Planning Board review and report shall be furnished to the applicant.