Upper Township City Zoning Code
§ 20-11.1
Zoning Officer.
[Ord. #006-2002, § 2; Ord. #006-2008, § 2; Ord. #002-2013]
a.
Duties. It shall be the duty of the Zoning Officer of the Township of Upper to administer and enforce the provisions of Township's Revised General Ordinances; to inspect the structures and land in the Township. When any violation of the Township Ordinance is found by the Zoning Officer or when any purported violations shall be brought to his attention, it shall be mandatory upon the Zoning Officer to make an investigation. In the advent that said official determines that a violation of the Code does, in fact exist, it shall be mandatory upon the Zoning Officer to serve written notice of said violation by registered mail or personal service upon the owner. In the advent that the owner shall fail to abate said violation within 10 days of the service of such notice, it shall then be mandatory upon the Zoning Officer to file a complaint in the appropriate court of jurisdiction and to furnish a copy of the report to the Township Committee.
b.
Zoning Permit Required. A zoning permit is required before:
1.
Creation, construction, excavation, erection, alteration, conversion, or enlargement of any building, structure, land or part thereof;
[Amended 10-28-2019 by Ord. No. 016-2019]
2.
Changing or allowing a change of use as defined by this chapter;
[Amended 10-28-2019 by Ord. No. 016-2019]
3.
Clearing and/or removal of vegetation of more than 5,000 square feet;
4.
Issuance of any building permit, temporary certificate of occupancy or certificate of occupancy.
5.
Any change of occupancy from one permitted use to another.
[Added 10-28-2019 by Ord. No. 016-2019]
c.
Application. Application for zoning permit shall be:
1.
In writing;
2.
Submitted to the Zoning Officer;
3.
Signed by the owner of record of the land and by the applicant for the permit;
4.
Made on forms provided by the Zoning Officer;
5.
Accompanied by a plot plan with the following information:
[Amended 5-26-2020 by Ord. No. 005-2020]
(a)
Drawn to scale with dimensions showing the exact size, shape, and location of all existing and proposed buildings and structures.
(b)
The proposed building or structure in its exact relation to lot and street lines.
(c)
Zoning schedule showing existing and proposed area and yard requirements.
(d)
Existing and proposed grading to show there will not be an impact to off-site properties.
(e)
The Zoning Officer may waive the plot plan requirements on minor applications not affecting structural change.
(f)
The Zoning Officer may require an as-built survey showing compliance with the information provided in Subsection C5(a) through (d) above.
d.
Issuance of Permits.
1.
The Zoning Officer shall act on all applications for zoning permits within 10 business days after receipt of a fully completed application and shall notify the applicant, in writing, of his/her issuance or denial of the application.
2.
If the Zoning Officer denies an application for a zoning permit, a written statement of the reasons for denial shall be supplied to the applicant within 10 business days after receipt of a fully completed application.
3.
Failure to notify the applicant in case of such refusal within 10 business days shall entitle the applicant for a zoning permit to file an appeal to the Zoning Board of Adjustment as in the case of a denial. Notification shall be deemed made as of the date it is placed in the mail not the date when it is received by the applicant.
4.
Denial of a zoning permit by the Zoning Officer may be appealed to the Zoning Board of Adjustment. N.J.S.A. 40:55D-72 to 40:55D-75 shall apply to such appeals to the Zoning Board of Adjustment.
e.
Records. A record shall be kept of all zoning permits issued and denied, and the original applications therefor shall be kept on file in the same manner as applications for building permits.
f.
Effect of Zoning Permits.
1.
The zoning permit for a premises (to be designated by tax block and lot numbers) shall show that every building or premises or part thereof and the proposed use thereof are in conformity with the provisions of Chapter 20, Zoning, of the Upper Township Code, or in conformity with the provisions of a variance granted according to law or are a valid nonconforming use and/or structure.
2.
A zoning permit, unless revoked, shall continue in effect so long as there is no change of use of the premises.
g.
Fees for zoning permit shall be set fourth in § 19-11.
h.
Revocation of Zoning Permit. If it shall appear at any time to the Zoning Officer that an application for zoning permit or accompanying plans are in any material respect false or misleading or that the work done upon the premises is materially different from that called for in the application previously filed with him/her or may be in violation of any provision of Chapter 20, Zoning, of the Upper Township Code, or the conditions imposed either by the Planning Board or Zoning Board of Adjustment in conjunction with approvals issued by them are not being met within the time or in the manner required by the approving authority, he/she may forthwith revoke the zoning permit.
i.
Nonconforming Uses and Structures.
1.
Upon written request, the owner, tenant, occupant, prospective purchaser, prospective mortgagee or any other person interested in any land upon which a nonconforming use or structure exists may apply, in writing, for the issuance of a zoning permit certifying the legality of the use or structure existing before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof.
2.
Application pursuant hereto may be made to the Zoning Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming.
3.
Application pursuant hereto may be made at any time to the Zoning Board of Adjustment.
4.
Denial by the Zoning Officer may be appealed to the Zoning Board of Adjustment. N.J.S.A. 40:55D-72 to 40:55D-75 shall apply to applications or appeals to the Zoning Board of Adjustment. Hearings before the Zoning Board of Adjustment shall require proper legal notice as provided for by N.J.S.A. 40:55D-12.
5.
Any zoning permit issued shall certify the extent and kind of use/structure and shall specify the nonconformity in detail.
j.
Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for a zoning permit shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application.
k.
Enforcement.
1.
It shall be unlawful to use, change the use of, or permit the change of use of any building, structure or premises or part thereof thereafter created, located, constructed, excavated, erected, changed, converted or enlarged wholly or partly until a zoning permit has been issued for that premises certifying that the structure or use complies with the provisions of the Upper Township Code Chapter 20, Zoning.
2.
A new zoning permit shall be required for any change in use. No zoning permit shall be issued until all prior approvals, including those required by all other municipal ordinance regulations, have been received by the applicant.
3.
It shall be the duty of the Zoning Officer and/or the Code Enforcement Officer to administer and enforce the provisions of this section.
4.
The Zoning Officer or the Public Works Department as directed by the Zoning Officer may remove unpermitted yard signs located in the public right-of-way, on utility poles or trees adjacent to the public right-of-way.
l.
Violations and Penalties.
1.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as determined by the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense.
2.
The violation of any provision of this section shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.