Upper Deerfield Township
City Zoning Code
City Zoning Code
ARTICLE XIV
Administration and Enforcement
§ 405-108 Enforcement officer.
A.
Appointment of a Zoning Officer.
[Amended 3-7-1991 by Ord. No. 372]
(1)
The Township Committee shall appoint a Zoning Officer to administer and enforce the provisions of this chapter, except as otherwise provided by law or by this chapter. He shall be appointed for the term of one year, beginning the first day of January, and shall receive such compensation for his services as shall be fixed by ordinance of the Township Committee from time to time.
(2)
The Township Committee may designate and appoint a Deputy Zoning Officer to assist the Zoning Officer in the performance of his duties. Such Deputy Zoning Officer shall serve at the discretion of the Township Committee and may be compensated for such services at such sums as may be fixed and adopted by the Township Committee in the Salary Ordinance from time to time and, in addition thereto, shall be reimbursed for all reasonable expenses necessarily incurred in the performance of the duties of his office. When acting on behalf of the Zoning Officer, the Deputy Zoning Officer shall have all rights, duties and responsibilities provided herein as the Zoning Officer has.
B.
Duties of Zoning Officer.
(1)
The Zoning Officer shall:
(a)
Issue permits for such construction and uses as are in accordance with the terms and provisions of this chapter or any lawful order of the Planning Board or Township Committee.
[Amended 12-30-2009 by Ord. No. 649]
(b)
Record and file all applications for zoning permits, together with the plans, documents and other papers accompanying such applications.
(c)
Collect all fees that may be payable to the Township under the provisions of this chapter, unless otherwise specifically provided.
(d)
Prepare a monthly report for the Township Committee, listing all zoning permits applied for and those granted, all certificates of occupancy approved and all ordinance violations and actions taken by his office consequent thereto. A copy of each such report shall be filed with the Township Tax Assessor at the same time.
(e)
Institute and conduct lawful proceedings to prevent threatened violation of this chapter and, in order to correct conditions resulting from the violations of the chapter, prosecute persons who shall have violated or who shall be engaged in violating any of the terms or provisions of this chapter; and the Zoning Officer shall have recourse to any and all remedies, including injunction, restraining orders and proceedings in lieu of prerogative writs.
(f)
Issue certificates of compliance as provided in § 405-111 of this chapter.
[Added 9-1-1988 by Ord. No. 316]
(g)
Not less than four times annually, make general inspection of all areas of the Township to ascertain violations and compliance with the provisions of this chapter and submit to the Planning Board a written report detailing the finding of each inspection, including violations found and cited, land use problems which appear to be occurring, suggestions for changes in zoning and recommendations for revision or update of the Township's Master Plan.
[Added 9-1-1988 by Ord. No. 316]
(2)
The Zoning Officer shall maintain a record of current land use and report any changes of land use to the Planning Board every six months. Said report shall include such information as required by the Planning Board.
§ 405-109 Zoning permits.
[Amended 12-30-2009 by Ord. No. 649; 3-18-2021 by Ord. No. 824; 10-3-2024 by Ord. No. 867]
A.
No person shall hereafter erect, locate or alter any building or portion thereof or begin or change the use of any land without first obtaining a zoning permit therefor from the Zoning Officer. No zoning permit shall be issued except in conformance with the provisions of this chapter or, where authorized, upon written order of the Planning Board or Township Committee.
B.
Application for zoning permits. All requests for zoning permits shall be made in writing to the Zoning Officer on forms supplied by the Zoning Officer and shall be signed by the owner or his authorized agent. The applicant shall include a description of the use or intended use or uses of the building and/or land.
C.
Survey, plot plan, or lot line determination. The survey and lot line determination shall be prepared by a NJ professional land surveyor.
(1)
Each application shall be accompanied by a lot line determination, an updated survey (not more than two years old), or a legible plot plan drawn to scale, including the following:
(a)
Existing and proposed buildings and structures with their dimensions, site improvements and open land uses and their exact relation to all lot and street lines.
(b)
Location of existing well and septic system.
(c)
Location and dimension of any easements.
(d)
Location of any waterways or wetlands.
(e)
Percentage of existing and proposed lot coverage.
(2)
For farm and "rural residence" applications wherein the farm is an existing and continuing enterprise at the time of application, the plot plan shall only be required to show to scale the size and location of all new construction in relationship to existing structures, and to indicate the distances from the nearest lot line(s) rather than of the entire tract.
(3)
For permits involving the reconstruction or repair of at least 50% of an existing fence, the applicant may submit a current lot line determination prepared, signed and sealed by a NJ professional land surveyor.
D.
Accompanying the application also must be a written statement giving satisfactory evidence to the effect that the lines of the street boundaries have been accurately located and staked on the ground and that the said application is intended to comply with all the provisions of this chapter, or a variance therefrom duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
§ 405-110 Duration of certain permits.
If, after a zoning permit or conditional use permit has been authorized by the Zoning Officer or Planning Board, the applicant has not obtained the permit within a period of six months from the date of such authorization or as provided by N.J.S.A. 40:55D-1 et seq., then such authorization shall be null and void, and no permit shall be issued thereunder unless the applicant shall have, prior to the expiration of the aforesaid six-month period, made written application for an extension. Such extension shall be granted by the appropriate approval authority, for a period not to exceed six months, upon good cause having been shown by the applicant.
§ 405-111 Certificates of compliance.
It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof, hereinafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, or to continue the use of a building, structure or premises as a legal nonconforming use, until a certification of compliance with this chapter is issued by the Zoning Officer, stating that the proposed use of the building or land conforms to the requirements of this chapter and the zoning permit issued.
A.
Following the completion of construction, reconstruction or alteration of any building or structure or prior to any change in the use of any building, structure or land, the Zoning Officer shall:
(1)
In the case of new construction or work subject to the Uniform Construction Code,[1] be notified by the appropriate official responsible under said code to issue a certificate of occupancy that such construction is complete and a certificate has been requested within three days of such request; or
(2)
Where no new construction is involved, be notified by the applicant in person or by registered mail that a new or changed use is being proposed. Within seven days of the receipt of such notice, the Zoning Officer shall make all necessary inspections of the completed structure and/or use to determine conformance with the terms of this chapter and shall:
(a)
Notify, in writing, the applicant and the Township Construction Official of his approval or disapproval of said issuance. In the case of disapproval, reasons for said disapproval shall be set forth; or
(b)
Issue a certificate of compliance or a letter of denial, stating reasons therefor, to the applicant.
B.
The Zoning Officer shall, upon proper application accompanied by necessary proof or documentation, issue certificates of compliance for uses existing at the effective date of this chapter in order to officially validate:
C.
A certification of compliance shall be issued only if the Zoning Officer finds that the requirements of this chapter or applicable supplementary actions or requirements of the Board of Adjustment, Planning Board or governing body have been met. Any certificate of compliance shall be continued in force only so long as the use or building for which it was issued continues to conform to the requirements of this chapter. A record of all certificates shall be kept on file in the office of the Zoning Officer, and copies of all certificates issued shall be forwarded to the Township Tax Assessor.
§ 405-112 Appeals.
[Amended 12-30-2009 by Ord. No. 649]
An appeal to the Planning Board may be taken by any interested party affected by any decision of the administrative officer of the municipality based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in Article XI, § 405-71A, of this chapter and in accordance with the provisions of N.J.S.A. 40:55D-69 to 40:55D-76.[1]
[1]
Editor's Note: Former § 98-106, Appeals from Board of Adjustment to governing body, which immediately followed this section, was deleted 4-1-2010 by Ord. No. 654.
§ 405-113 Violations and penalties.
[Amended 9-1-1988 by Ord. No. 316]
A.
Any person violating any of the provisions hereof shall, upon conviction, be subject to a penalty in accordance with N.J.S.A. 40:49-5 and 40:55D-55. Each and every day that any violation continues shall be considered a separate offense, punishable by a like fine or penalty.[1]
B.
If before final subdivision approval has been obtained any person transfers or sells or agrees to transfer or sell, as owner or agent, any land which forms part of a subdivision on which the Board is required to act in accordance with the provisions of this chapter, except pursuant to an agreement expressly conditioned on final subdivision approval, such person shall be subject to a fine not to exceed $1,000, and each parcel, plot or lot so disposed of shall be deemed a separate violation in accordance with the provisions of N.J.S.A. 40:55D-55.
[Added 9-20-2007 by Ord. No. 599]
C.
Civil remedies. In addition to the foregoing, the Township may institute and maintain a civil action:
[Added 9-20-2007 by Ord. No. 599]