The Zoning Officer shall be appointed by Township Council. Said appointment may be accomplished at the organization meeting of the Washington Township Council or any subsequent meeting appropriate. The term of the appointment shall be for one year during the first three years of the appointment/employment. Following completion of three one-year terms, the term of the appointment may be for a period of up to three years, at the discretion of Township Council.

To examine all applications for construction and use permits.

To issue permits only for construction and uses which are in accordance with the regulations of this chapter and other applicable ordinances, as may be subsequently amended.

To record and file all applications for zoning permits with the accompanying plans.

To issue permits for conditional uses only after such uses and buildings are approved by the appropriate body.

To issue all necessary stop orders pertaining to zoning violations.

To inspect nonconforming uses, buildings and signs.

Upon the request of the Township Council, to present to such body facts, records and any similar information on specific requests to assist such body in reaching its decision.

To give written notice of violation.

To sign written complaints against violators in municipal court.

To cause any building, plans or premises to be inspected or examined and order, in writing, the remedying of any conditions found to exist in violation of this chapter.

To enter any building or premises during the daytime in the course of his/her duties.

To perform any other duties assigned by the Township Council.

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written and signed complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Officer. The Zoning Officer shall promptly record such complaint, immediately investigate, and take action thereon as provided by this chapter.

If the Zoning Officer shall find that any of the provisions of this chapter are being violated, he/she shall notify, in writing, the person responsible for such violations, indicating the nature of the violation, and order the action necessary to correct it.

Requirements.

Application for permits. Application for permits, including temporary permits, shall be made in writing to the Zoning Officer on such forms as may be furnished by the Township. No permit shall be considered complete or permanently effective until the Zoning Officer has certified that the work meets all the requirements of applicable codes and ordinances.

Issuance of permits. Zoning permits shall be granted or refused within 10 business days after the written application has been filed with the Zoning Officer. Upon completion of the erection or alteration of any building or portion thereof authorized by any permit, and prior to occupancy or use, the holder of such permit shall notify the Zoning Officer of such completion. No permit shall be considered complete or permanently effective until the Zoning Officer has certified that the work has been inspected and approved as being in conformity with the provisions of this chapter and other applicable ordinances.

Expiration of permits. No permit for the erection, razing, change, alteration or removal of buildings shall be valid or effective after one year from the date of issuance thereof and shall thereafter be void, unless the work authorized by such permit shall have been substantially commenced within one year from the date of issuance and proceeded with due diligence. If, however, the applicant has been delayed in proceeding with the work for which the permit was granted by reason of any reasonable cause not due to his/her own negligence, the permit may be renewed without additional cost to the applicant.

Required. No building or structure hereafter erected or structurally altered in whole or part, except for agricultural uses, shall be used until a certificate of occupancy shall have been issued, which certificate of occupancy must have upon it the signature of the construction official and Zoning Officer. In addition, a new certificate of occupancy shall be required for existing buildings where there is a change in use and such new use includes structural building changes and parking changes.

Issuance. A certificate of occupancy either for the whole or part of a new building or for alteration of an existing building shall be applied for after the structure is built and shall be issued within 10 days after the erection or alteration of such building or part shall have been completed in conformity with the provisions of this chapter.

Prerequisite for occupancy or use. A certificate of occupancy for the use or occupancy of vacant land, or for a change in the use of land, or for a change in the use of an existing building, shall be applied for and be issued within 10 days after the application has been made and before any such land or building shall be occupied or used, provided that such are in conformity with the provisions of this chapter.

Temporary residences after certain disasters. Notwithstanding any other terms and provisions of this chapter, whenever damage is caused to a completely constructed residence by fire, flood or other water damage by storm or by wind, and such residence is wholly or partially destroyed thereby, the owner of the residence, if he/she resided in such residence at the time such damage occurred, may apply to the Zoning Officer immediately, with subsequent confirmation by the Zoning Board of Adjustment, for permission to use a trailer for living quarters on the land where such damaged residence was constructed. Thereafter, application shall be made within 30 days to the Zoning Board of Adjustment for permission to temporarily use such trailer for a period not to exceed six consecutive months while the residence is being rebuilt or repaired, and, upon proper showing to the Zoning Board of Adjustment of such facts, the Zoning Board of Adjustment may permit the owner to use a trailer for living quarters on the land for a period not to exceed six consecutive months or until the residence is rebuilt or repaired, whichever shall first occur.

Upon the request of a holder of a permit, the construction official may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the permit shall have been completed, provided such portion or portions may be occupied safely prior to full completion of the building or structure with respect to public safety and welfare. Further, no temporary or final certificate of occupancy shall be granted until all required utilities, including but not limited to water, sewer, electric and gas, are installed and in service.

Temporary certificate of occupancy guarantee. In the event that a developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a temporary certificate of occupancy guarantee, in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Township Engineer. At no time may the Township hold more than one guarantee or bond of this type. The temporary certificate of occupancy guarantee shall be released by the Township Engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates. The projected cost of the temporary certificate of occupancy guarantee shall be provided by the applicant. It shall include items such as, but not limited to, sidewalks, landscaping and street trees at the subject property, roadways (including surface course) from the property to the fully improved roadway; water and sewer infrastructure from the property to the main, stormwater conveyance to serve the property, stormwater management structures/basins for the current project phase. When uncompleted community facilities, such as recreation, are to be included in the temporary certificate of occupancy guarantee, it shall be required to the point of 50% occupancy. Each of these items shall apply for residential and nonresidential projects requiring a temporary certificate of occupancy. The temporary certificate of occupancy guarantee shall be released by the Zoning Officer, Municipal Engineer, or other municipal official designated upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.

The Township Council shall determine a schedule of fees, charges and expenses, as well as a collection procedure, for all permits and other matters pertaining to this chapter. Such schedule of fees shall be posted in the office of the Zoning Officer and construction official, and are set forth in Chapter 80, Fees, of this Code.

The construction official, in accordance with state guidelines as set forth in the Uniform Construction Code Act,[1] shall reevaluate the fee schedule and make recommendations to the Township Council for any necessary adjustment thereto.

Any person who shall violate the provisions of this chapter, upon conviction thereof in a summary proceeding, shall be subject to the penalty provisions of Chapter 1, General Provisions, Article I, of this Code. Whenever such person has been officially notified by the Zoning Officer, by service of a summons in a prosecution or in any other official manner that he/she is committing a violation, then each day after that a violation is continued shall constitute a separate offense and be punishable by like fine or penalty.

For any and every violation of the provisions of this chapter, the owner, contractor or other persons interested as lessee, tenant or otherwise in any building or premises where any such violation has been committed or shall exist, and who refuses to abate such violation within five days after written notice has been served upon him/her, either by mail or personal service, shall for each and every violation be subject to punishment as a disorderly person. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter.