Parsippany Troy Hills
City Zoning Code
City Zoning Code
ARTICLE XXXIX
Administration and Enforcement
§ 430-294 Administrative and enforcement officer designated.
[Amended 6-9-2016 by Ord. No. 2016:12]
The provisions of this chapter shall be administered and enforced by the Administrative Officer or his designee. In no case shall a permit be granted for the construction or alteration of any building or structure where the proposed construction, alteration or use thereof would be in violation of any provision of this chapter, and no structure or land shall be used in violation of any provision of this chapter or any approved variance, subdivision or site plan. It shall be the duty of the Administrative Officer or his designee to inspect any building, structure or premises which may be in violation of this chapter or any approved variance, subdivision or site plan and to order, in writing, the remedying of any conditions found to exist in violation thereof. Additionally, it shall be the duty of the Administrative Officer or his designee to enforce the conditions of any variance, subdivision or site plan approved by the Township Planning Board, Township Board of Adjustment, or other board or agency of competent jurisdiction, including any conditions of approval set forth in a resolution of approval.
§ 430-295 Zoning permit.
A.
Required. A zoning permit signed by the Administrative Officer is required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a building or structure, certifying that such use, building or structure complies with the provisions of this chapter and that the use is permitted, existing as a nonconforming use, or is permitted by the terms of a variance. No building permit shall be issued without a zoning permit being first issued hereunder, certifying compliance of the use and location of the proposed building or structure with the provisions of this chapter. No person shall use any building or portion thereof for commercial or industrial purposes, after such building or portion thereof has been vacated, without having first secured a zoning permit therefor. A zoning permit shall not be required upon mere change in ownership of a single-family detached dwelling.
B.
Application. No person shall commence a use or the erection, construction, reconstruction, alteration, conversion or installation of a building or structure without having first applied for and secured a zoning permit from the Administrative Officer.
C.
Inspection. No zoning permit shall be issued hereunder until an inspection is made by the Administrative Officer or his duly authorized representative to determine compliance of the use, building or structure with the provisions of this chapter.
D.
Notice. If, upon inspection of the use, building or structure and review of the zoning permit application, it shall be determined by the Administrative Officer that the use, building or structure does not comply with the provisions of this chapter, he shall deliver written notice thereof to the applicant, advising in what respects the use, building or structure fails to comply.
E.
Fees. Upon application for a zoning permit, the applicant shall pay a fee to the Township based on the fee schedule found below:
[Amended 8-14-1990 by Ord. No. 90:57; 5-18-2010 by Ord. No. 2010:09]
(1)
Commercial construction (new building or additions): $100.
(2)
New tenant (with or without renovations): $75.
(3)
Tenant expansion or reduction: $75.
(4)
Commercial a/c unit, generator, or fuel tank: $50.
(5)
New single-family dwelling: $100.
(6)
Residential addition: $75.
(7)
Residential deck, patio, pool, shed, fence, wall or driveway: $50.
(8)
Miscellaneous (including, but not limited to, generator, walkway, stairs, bilco doors, ramp, solar panel, antennas, flagpole, hot tub): $50.
(9)
Residential a/c unit or tank (survey review): $10*.
(10)
Residential temporary storage unit or pool equipment (survey review): $25* for a temporary storage unit, $10* for pool equipment.
[Amended 3-17-2020 by Ord. No. 2020:07]
(11)
Residential basement renovation (plan review): $10*.
*If Planning Board or Board of Adjustment approval is necessary, a fifty-dollar zoning permit will be required. |
§ 430-296 Special events use permits; certificates of occupancy.
A.
Special events use permits. It is recognized that it may be in accordance with the purpose of this chapter to permit temporary special events for a limited period of time, which activities may be prohibited by other provisions of this chapter. If such uses are of such nature and are so located, then at the time of petition they will:
§ 430-297 Recordkeeping.
A.
It shall be the duty of the Administrative Officer to keep a record of all permits issued and a record of all certificates of occupancy which he countersigns, together with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office.
B.
The Administrative Officer shall prepare a monthly report for the Township Council summarizing for the period since his last previous report all zoning permits issued and certificates countersigned by him and all complaints of violations and the action taken by him consequent thereon. A copy of each such report shall be filed with the Township Tax Assessor at the time it is filed with the Township Council.
§ 430-298 Separate violations.
A.
Any owner or agent and any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure or who shall put into use any lot or land in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a violation. Each and every day such violation continues shall be deemed a separate and distinct violation.
B.
The owner of any building or structure, lot or land or part thereof, where anything in violation of this chapter shall be placed and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall be guilty of a separate violation.
§ 430-299 Violations and penalties.
[Added 5-14-1985 by Ord. No. 85:21; amended 5-18-2010 by Ord. No. 2010:09; 9-17-2013 by Ord. No. 2013:30]
A.
Any person, firm, or corporation who or which shall violate any of the provisions of this chapter or of any detailed plan submitted and approved hereunder or as otherwise provided in § 430-298, Separate violations, shall, upon conviction, be punished by one or more of the following:
B.
Any person, firm or corporation who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation of the ordinance.
C.
Any person, firm or corporation fined an amount greater than $1,250 for a violation of housing or zoning codes shall be provided a thirty-day period to cure or abate the violation and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.