Washington Township Morris County
City Zoning Code
City Zoning Code
ARTICLE XII
Administration and Enforcement
§ 217-123 Zoning Officer.
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
A.
The Zoning Officer is hereby given the duty, power and authority to enforce the provisions of this chapter. He/she shall be responsible for the examination of all applications for permits and the issuance of zoning permits for the commencement of a use, and the construction, reconstruction, alteration, conversion, installation of or addition to any structure or building, including accessory structures, pillars, gates and signs, which are in accordance with the requirements of this chapter and all nonconforming uses existing at the time of passage of this chapter.
B.
The Construction Officer shall be responsible for recording and filing all applications for permits with accompanying plans and documents, and the Zoning Officerl and the Construction Official shall make such reports to the Board of Adjustment, the Planning Board, and the governing body as may be required.
§ 217-124 Zoning permits.
A.
Purpose. To ensure compliance with the provisions of this chapter, no person shall commence or change a use or construct, reconstruct, alter or convert any structure or building or part thereof, including pillars, gates and signs, or alter the use of any land, and the Construction Official shall not issue a construction permit nor issue a certificate of occupancy for any such use, change in use or construction, until a proper permit has been issued by the Zoning Officer.
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
B.
Application for permits. All such applications shall be made in writing on forms provided by the Township of Washington.
C.
Issuance of permits. It shall be the duty of the Zoning Officer to issue a zoning permit, provided that he/she is satisfied that the structure, building, sign, pillar, gate, proposed use and other requirements are in compliance with this chapter and that all other reviews and actions, if any, called for in this chapter have been complied with and all necessary approvals secured therefor.
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
D.
For new uses.
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
(1)
A zoning permit shall be issued upon application by the owner, prospective occupant or purchaser only after the Zoning Officer determines that the facts represented on the application are correct and that the building, structure or use is in conformance with all of the provisions of this chapter.
(2)
Said permit shall be issued by the Zoning Officer to the owner or his agent within 10 days after written application, if all conditions under this section are complied with.
E.
For existing uses.
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
(1)
Upon written request from the owner, tenant, occupant or purchaser under contract, the Zoning Officer, after inspection, shall issue a zoning permit for a use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms with the provisions of this chapter.
(2)
No change or extension of use and no alterations shall be made in a nonconforming use or premises without a zoning permit having first been issued by the Zoning Officer stating that such change, extension or alteration is in conformity with the provisions of this chapter or that the same has been permitted by action of the Board of Adjustment.
F.
Change of use. No owner, tenant or other person shall use or occupy any building or structure, the use of which shall be changed after the passage of this chapter, without first procuring a zoning permit, provided that a zoning permit, once granted, shall continue in effect so long as there is no change of use or change of occupancy in a nonconforming use.
G.
Zoning permit records. A record of all zoning permits shall be kept on file in the office of the Construction Official and/or the Zoning Officer as applicable.
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
H.
Denial of permits. When the Zoning Officer is not satisfied that the applicant's proposed development will meet the requirements of this chapter, he/she shall refuse to issue a zoning permit and shall so notify the applicant, in writing, giving the reasons for denial.
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
I.
Revocation of permits. If it shall appear at any time to the Zoning Officer that the application or accompanying plan is in any respect false or misleading or that work is being done upon the premises differing from that called for in the application filed with him/her under existing laws or ordinances, he/she may forthwith revoke the zoning permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to said Zoning Officer. After the zoning permit has been revoked, the Zoning Officer may, in his/her discretion, before issuing the new zoning permit, require the applicant to file an indemnity bond in favor of the Township of Washington with sufficient surety conditioned for compliance with this chapter and all laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building or structure if it does not comply.
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
§ 217-125 Complaints; abatement of violations.
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
A.
Complaints of violations. Any person may file a complaint if there is any reason to believe a violation of this chapter exists. All such complaints must be in writing and shall be filed with the Zoning Officer, who shall properly record such complaint and investigate. Any complaint not submitted in writing or submitted anonymously will be investigated in the discretion of the Zoning Officer.
B.
Procedure for abatement of violations.
(1)
In case any building or structure, including pillars, gates, signs and accessory structures, is constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used, in violation of this chapter or of any ordinance or regulation made under authority conferred hereby, the governing body or, with its approval, the Zoning Officer or other proper official, in addition to other remedies, may institute any appropriate legal action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use about such premises. Nothing herein shall require the Zoning Officer to obtain prior consent of the governing body to issue a summons for a violation of the terms of this chapter.
(2)
A violation of any of the terms of this chapter shall be abated within a reasonable time, as may be determined by the Zoning Officer, after written notice has been served either by mail or personal service.
§ 217-126 Violations and penalties.
Any person, firm or corporation violating any provision of this chapter shall be subject, upon conviction, to the penalties provided in § 1-3 of this Code. Each day that a violation occurs or is committed shall constitute a separate offense.
§ 217-127 Fees.
Fees are required for each zoning permit application, review, inspection and administration and shall be paid in cash, certified check or money order made payable to the Township of Washington as follows:
A.
Zoning Officer fees.
[Amended 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
(1)
Zoning Officer fees as set forth below shall be paid at the office of the Zoning Officer upon filing of an application for a zoning permit in accordance with the provisions of this chapter.
(a)
Commencement of a use, new home construction, additions to residential structures, and accessory structures: $50.
(b)
Driveway entrance pillars and gates: $15.
(c)
Interior conversions, including but not limited to, basement finishing, in-law suites etc.: $15.
(d)
A new or a change of an existing sign: $25.
(e)
Review of a nonresidential construction application or an affidavit in support of request for waiver of site plan pursuant to § 159-5: $50.
(f)
A home occupation: $25.
§ 217-128 Planning Board action.
The Planning Board, when reviewing applications for approval of subdivision plats, site plans or conditional uses, shall have the power to grant, to the same extent and subject to the same restrictions as the Board of Adjustment:
A.
Variances, pursuant to § 217-110B(1)(c), from lot area, lot dimensions, setback and yard requirements, provided that relief pursuant to this section from lot area requirements shall not be granted for more than one lot.
C.
Direction, pursuant to § 217-111B, for issuance of a permit for a building or structure not related to a street. Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.