Pequannock Township
City Zoning Code
City Zoning Code
ARTICLE XI
Administration and Enforcement
§ 360-66 Enforcement.
This chapter shall be enforced by the Zoning Officer of the Township of Pequannock.
§ 360-67 Powers and duties of enforcement officers.
A.
Zoning Officer. The Zoning Officer shall be appointed by the Township Manager. The Zoning Officer shall be authorized to delegate the enforcement of any and all provisions of this chapter to the Construction Official or other designated officials. It shall be the duty of the Zoning Officer to:
(1)
Issue zoning permits required under the provisions of this chapter.
(2)
Refuse, in writing, applications for approvals, permits or certificates which are not in accord with the requirements of this chapter.
(3)
Issue written notice of violation to any person violating any provision of this chapter, setting forth the particulars of such violation.
(4)
Make reports to the Township Manager, Township Council, Planning Board and Zoning Board of Adjustment as may be required.
(5)
Investigate and make a report to the Zoning Board of Adjustment on all matters before the Board.
(6)
Review this chapter on an annual basis and report to the Manager any changes or amendments which are deemed to be necessary or desirable.
(7)
Keep records of applications, permits or certificates issued, variances granted, inspections made, reports rendered and notices or orders issued.
B.
Administrative officer. It shall be the duty of the administrative officer to:
(1)
Receive all applications for permits and approvals required by this chapter.
(2)
Record and file all applications for permits and approvals with accompanying plans and documents.
(3)
Prescribe the form of all applications, permits and certificates required under the terms of this chapter and combine these with other forms, permits and certificates required by other Township ordinances where appropriate.
§ 360-68 Registration of nonconforming uses, buildings and lots.
A.
The Zoning Officer shall make a list of all uses, structures and lots in the Township which are legally nonconforming to the provisions of this chapter by reason of variance or by reason of such use being legal prior to the adoption or amendment of this chapter.
B.
Each property owner of a legal nonconforming use, structure or lot shall be issued a certificate of nonconformance, a copy of which shall be kept on file with the Township. This certificate shall detail the nature and extent of the nonconformity and the reason for its existence, as well as any other pertinent information.
C.
At least annually, the Zoning Officer shall update this list and shall issue a certificate of nonconformance to all property owners who have legal nonconforming uses and who have not yet been issued such a certificate.
§ 360-69 Permits and certificates.
[Amended 10-24-2000 by Ord. No. 2000-23; 2-23-2010 by Ord. No. 2010-5]
A.
General permits.
(1)
Applications for permits for operating home occupations, permits for keeping animals in a residential district, permits for parking commercial vehicles on the premises of a gasoline service station and any other permits required by this chapter shall be made to the Zoning Officer on forms provided by him. All other permits shall be acted upon within 14 days of submission of a complete application. Those permits which are to be renewed annually shall be renewable on July 1 of each year.
(2)
Appeals from a denial of any general permit shall be made to the Zoning Board of Adjustment in the manner of a use variance.
B.
Zoning permits.
(1)
A zoning permit issued by the Zoning Officer shall be required for the following activities:
(a)
No person shall commence the construction, reconstruction, demolition, alteration, conversion or installation of a fence, a wall four feet or greater in height, a structure, a private swimming pool or a building without first obtaining a zoning permit.
(b)
No person shall commence a use nor change an existing use of property without first obtaining a zoning permit.
(c)
A person desiring to obtain an official acknowledgement that an existing building, lot or use meets the requirements of the current Township Zoning Ordinance shall do so by obtaining a zoning permit.
(d)
A person desiring to obtain a certification pursuant to N.J.S.A. 40:55D-68 that a use or structure existed before the adoption of the ordinance that rendered the use or structure nonconforming may apply for a zoning permit. A zoning permit under this subsection may be issued only if an application is made within one year of the adoption of the ordinance that made the structure or use nonconforming. After one year, application shall be made to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-68.
(e)
Prior to the issuance of a building permit, a zoning permit indicating whether the request meets with the provisions of this chapter shall be issued.
(2)
The Zoning Officer shall issue a zoning permit where it is determined that at least one of the following conditions has been met:
(a)
The use is permitted as a permitted use in the proposed location;
(b)
The use is permitted as a conditional use in the proposed location and all conditional use provisions are met;
(c)
The use exists as a nonconforming use and/or nonconforming structure; or
(d)
The use is permitted by the terms of a variance and the structure and lot meet all required zone criteria.
(3)
The administrative officer shall have the authority to promulgate any checklists and/or application forms necessary for the administration of this section. At a minimum, the supporting exhibit shall include a current, sealed survey showing, in addition to any survey data required by statute or State Administrative Code, the size of the subject property; bounding streets; size, type and location of existing structures with distances to all property lines; and size, type and location of the proposed structures with distances to all property lines.
(5)
Appeal.
(a)
The granting or denial of a zoning permit may be appealed to the Zoning Board of Adjustment by any interested party pursuant to N.J.S.A. 40:55D-70a.
(b)
A notice of appeal shall be filled within 20 days of the granting or denial of the permit request.
(c)
The Zoning Board of Adjustment shall reverse or affirm the granting or denial of the zoning permit within 120 days of the filing of the notice of appeal. The failure of the Zoning Board of Adjustment to act within the period shall constitute a decision favorable to the appellant.
C.
Construction permit.
(1)
Prior to construction, as regulated by the New Jersey Uniform Construction Code (NJUCC), a construction permit shall be required. Application for said permit shall be made to the Construction Official, in writing, on forms to be provided by the Construction Official.
(2)
All requests for permits shall be in conformance with the NJUCC requirements for construction permit applications.
(3)
In addition, the applicant shall supply to the Construction Official any additional information required by him to determine conformance with this chapter, the building code or any other applicable ordinances. The Construction Official shall approve, approve with conditions or deny the application for a building permit in accordance with the applicable law establishing the construction codes.
(4)
No excavation or site preparation shall begin until a building permit has been issued. No building permit shall be issued for any land or structure for which a zoning permit, conditional use approval, variance or site plan approval shall be required until such approval has been granted and the Construction Official has been so notified in writing.
(5)
No construction permit shall be issued until a zoning permit has been issued approving the use and location of the proposed structure.
D.
Certificate of occupancy.
(1)
No person shall occupy or use any building or structure authorized by a construction permit without first obtaining a certificate of occupancy as required by the NJUCC.
(2)
No certificate of occupancy required as per the NJUCC shall be issued until a zoning permit has been issued.
(3)
No certificate of occupancy shall be issued for any use of land or structure requiring conditional use approval or a variance or requiring site plan approval as detailed in this chapter until such approval or variance has been granted and the Construction Official has been so notified in writing. In a case where a conditional use, variance or site plan has been approved, the certificate of occupancy shall detail any conditions of those approvals.
E.
Certificate of continued occupancy.
(1)
No person shall occupy or use any portion of a nonresidential building after such building or portion thereof has been vacated or sold, or in which there has been a change in use or a change in occupancy, until the landlord/owner shall have applied for and secured a certificate of continued occupancy from the Construction Official.
(2)
Upon receipt by the Construction Official of an application for a certificate of continued occupancy and payment of the required fee, the Construction Official and/or subcode officials shall conduct an inspection of the premises in question to ensure compliance with applicable building, safety and fire codes, regulations, ordinances and statutes of the Township.
[Amended 4-27-2021 by Ord. No. 2021-05]
(3)
No certificate of continued occupancy shall be issued for any structure requiring conditional use approval, variance approval or site plan approval as detailed in this chapter until such approval or variance has been granted and the Construction Official has been so notified in writing. In a case where a conditional use, variance or site plan has been approved, the certificate of continued occupancy shall detail all conditions of those approvals.
§ 360-70 Inspections.
The Zoning Officer and/or Construction Official is authorized and empowered to cause any building, structure, place or premises to be inspected and examined and to order, in writing, the remedying of any condition found to exist therein or thereat in violation of any provision of this chapter.
§ 360-71 Violations and penalties.
[Amended 2-25-2003 by Ord. No. 2003-08]
A.
The owner or agent of a building or premises where a violation of any provision of this chapter shall have been committed or shall exist, or the agent, architect, builder, contractor, or any other person who shall commit, take part in, or assist in any such violation, or who shall maintain any building or premises in which any violation of this chapter shall exist, shall be subject to the penalties set forth in this section.
B.
For a violation of any provision of this chapter or supplement or addition thereto, where no other penalty is provided, the offender shall be subject to imprisonment in the county jail for a period not to exceed 90 days, or to a period of community service not exceeding 90 days, or to a fine of not less than $100 nor exceeding $1,250, or any combination of penalty.
[Amended 4-27-2021 by Ord. No. 2021-05]
C.
Any person who is convicted of violating a provision of this chapter within one year of the date of a previous violation of this chapter and who was fined for the previous violation shall be sentenced by the 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 $100 nor more than $1,250 for a violation of any provision of this chapter, but shall be calculated separately from the fine imposed for the violation of a provision of this chapter.
§ 360-72 Approval binding.
[Added 7-25-2000 by Ord. No. 2000-18]
An approval of any subdivision by the appropriate approving authority under the provisions of this chapter and any conditions thereof shall be binding upon the developer/applicant and upon any subsequent heirs and/or assigns. Said approval shall not be amended or altered in any manner without prior approval from the appropriate approving authority. Failure to adhere to an approved subdivision plan or condition of approval contained in a subdivision plan shall be deemed a violation of this chapter.
§ 360-73 (Reserved) [1]
[1]
Editor's Note: Former § 360-73, Affordable housing administration, was repealed 3-14-2023 by Ord. No. 2023-05.