The Zoning Officer is hereby given the duty, power and authority to enforce the provisions of this Chapter There shall also be an Assistant Zoning Officer who shall also have the duty, power and authority to enforce the provisions of this Chapter. The Zoning Officer shall examine all applications for zoning permits and issue said zoning permits for all uses which are in accordance with the requirements of this Chapter. The Zoning Officer shall also record and file all applications for zoning permits, with accompanying plans and documents, and make reports to the Township Council, the Construction Official, and the Tax Assessor. (Ord. #574; Ord. #747; 1976 Code § 179-44, Ord. #1122, § I)
a. Purpose The zoning permit looks to the location and use of the building in light of the requirements of this Chapter, and certifies that such location and use is permitted, or that it exists as a nonconforming use and/or nonconforming structure, or is permitted by the terms of a variance. To ensure compliance with the provision of this Chapter, no person shall erect, alter or convert any structure or building or part thereof or alter the use of any land subsequent to the adoption of this Chapter, until a zoning permit has been issued by the Zoning Officer.
b. Application for Zoning Permit All zoning permit applications shall be made in writing by the owner or his authorized agent and shall include a statement to the use or intended use and shall be accompanied by a plan of the plot showing thereon the exact size, shape and location of all proposed structures and such other information as may be necessary to provide for the enforcement of this Chapter. The zoning permits shall be granted or denied within twenty (20) business days from the date that a written application is filed with the Zoning Officer.
c. Issuance of Zoning Permit. Zoning permits shall be secured from the Zoning Officer prior to construction, erection or alteration of any structure or part of a structure or use of a structure or land. It shall be the duty of the Zoning Officer to issue a zoning permit, provided that person is satisfied that the proposed use conforms with all requirements of this Chapter. It is the applicant's responsibility that all other reviews and actions, if any, called for in this Chapter or any other Township ordinance have been complied with and all necessary approvals secured therefor
d. Dental of Zoning Permit When the Zoning Officer is not satisfied that the applicant's proposed development will meet the requirements of this Chapter, the Zoning Officer shall refuse to issue a zoning permit. When an application for a zoning permit is denied, it is the duty of the Zoning Officer to specify what sections of the application are not in conformance with the zoning ordinance The applicant may appeal to the Zoning Board of Adjustment.
e Records of Zoning Permits It shall be the duty of the Zoning Officer to keep a record of all applications for zoning permits issued, together with a notation of all special conditions involved The Zoning Officer shall prepare a monthly report for the Township Council, Planning Board, Zoning Board of Adjustment, and Tax Assessor, summarizing for the period since his previous report all zoning permits issued by him and all complaints of violations and the action taken by him consequent thereon
f Fees for Zoning Permits There shall be a twenty-five ($25.00) dollar fee for an application for a zoning permit. (Ord. #1122, § II)
a Relationship to Zoning Permit Where new construction is proposed, no building permit shall be issued by the Construction Official unless a zoning permit covering the use and location of the proposed structure has first been obtained.
b Issuance of Building Permit. All building permits shall be issued in duplicate and one (1) copy shall be kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operations of any kind unless a building permit covering such operation has been displayed as required by this Chapter, nor shall anyone perform building operations of any kind after notification of the revocation of said building permit
c. Revocation of Building Permit If it shall appear, at any time, to the Construction Official that the application or accompanying plan is in any respect false or misleading, or that work is being done on the premises differing from that called for in the application that has been filed under existing laws or ordinance, the Construction Official may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to the Construction Official. After the building permit has been revoked, the Construction Official may, in the Official's discretion, before issuing the new building permit, require the applicant to file an indemnity bond in favor of the Township of Mahwah, 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 so comply.
d. Other Requirements Building permits for a variance from the requirements of this Chapter and plans requiring site plan approval shall only be issued upon receipt of a written resolution of approval from the Board of Adjustment, the Township Council or the Planning Board.
e Records of Building Permits. It shall be the duty of the Construction Official to keep a record of all applications for building permits issued, together with a notation of all special conditions involved. The Construction Official shall prepare a monthly report for the Township Council, Planning Board, Zoning Board of Adjustment, and Tax Assessor, summarizing for the period since his previous report all building permits issued by him and all complaints of violations and the action taken by him consequent thereon. (Ord. #574; 1976 Code § 179-45; Ord. #1122, § III)
a. Relationship to Building Permit. The purpose of a certificate of occupancy is to indicate that the construction authorized by the building permit has been completed in accordance with the building permit, the State Uniform Construction Code and this Chapter.
b. Certificate of Occupancy for New Uses
1. Compliance with Zoning Ordinance No building hereafter erected and no building hereafter enlarged, extended or altered, wholly or in part, so as to change its use classification shall be used or occupied or used in whole or in part until such time as a certificate of occupancy is issued by the Construction Official Such certificate shall be issued upon application by the owner, prospective occupant or purchaser only after the Construction Official 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. No certificate of occupancy shall be issued unless a zoning permit has first been obtained. Said certificate shall be issued by the Construction Official to the owner or his agent within ten (10) days after written application if all conditions under this section are complied with.
2. Compliance with Other Ordinances. A certificate of occupancy shall not be issued until the Construction Official receives written confirmation from any or all of the following that all applicable codes and ordinances administered and enforced by the following named department(s) have been complied with.
(b) The Fire Prevention Bureau
(c) The Recreation Commission.
(d) The Water Department
(e) The Water and Sewer Consultant
(f) The Township Engineer.
(g) The Township Police Department.
(h) The Planning Board.
(1) The Board of Adjustment.
(j) The Township Council.
(k) The Environmental Commission.
(l) The Historic Preservation Commission
(m) The County Planning Board.
(n) Any other applicable Federal, State, County or Township department, board or agency.
c. Certificate of Occupancy for Existing Uses
1. Upon written request from the owner, tenant, occupant or purchaser under contract for a certificate of occupancy for existing uses, a determination shall be made by the Zoning Officer, as to compliance to this Chapter. The Construction Official, upon the Zoning Officer determination, shall cause an inspection to be made and after inspection, shall issue an occupancy permit for a use legally existing at the time this Chapter is made effective
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 the zoning ordinance
d Certificate of Occupancy For Change of Use No owner, tenant or other person shall use or occupy any building or structure thereafter erected or altered, the use of which shall be changed after the passage of this Chapter, without first procuring a zoning determination, and a certificate of occupancy for change of use. The certificate of occupancy for change of use, once granted, shall continue in effect as long as there is no change of use regardless of change in tenancy or occupancy.
e Certificate of Occupancy Records. A record of all certificates of occupancy shall be kept in the office of the Construction Official and copies shall be furnished upon request to any person having a proprietary interest or tenancy in the building affected. (Ord. #574; 1976 Code § 179-46; Ord. #1122)
a Complaints for Violations of Zoning Ordinance. 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 immediately investigate.
b Procedures for Abatement of Violations.
1. In case any building or structure is erected, constructed, reconstructed, altered, repaired, 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 Zoning Officer or other proper official, in addition to other remedies, may request from the Business Administrator commencement of legal action in the proper forum, 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.
2. A violation of any of these terms of this Chapter shall be abated within five (5) days, or within as reasonable time as may be determined, after written notice has been served, either by mail or personal service
c Penalties Any person, firm or corporation violating any provision of this Chapter shall, upon conviction, be subject to penalty, as stated in Chapter I, Section 1-5 of the Code of the Township of Mahwah (Ord. #574, 1976 Code § 179-48, Ord. #1122, § V)
a Relationship to Master Plan. As required by law, pursuant to N.J.S. 40:55D-62, the Township Council finds that certain provisions to Ordinance No. 883 may not be totally consistent with the Township Master Plan or the land use plan element therein and accordingly determines that the OP-200 District established is peculiarly suitable as a result of its location and prior use, for the designated uses
b Interpretation. In the interpretation and the application of the provisions of this ordinance, the provisions shall be held to be the minimum requirements for the promotion of health, safety, morals and general welfare It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that where this ordinance imposes greater restrictions, the provision of this subsection shall apply. (Ord. #574; Ord. #883; 1976 Code §179-49; Ord. #1122, §VII)
All amendments to this Chapter and to the Zoning Map, which forms a part hereof, shall be adopted in accordance with the provisions of New Jersey law. (Ord. #574; 1976 Code §179-50; Ord. #1122, §VII)
In the interpretation and the application of the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that where this Chapter imposes greater restrictions upon the use of buildings or premises or upon the height or bulk of a building, or requires larger open spaces, the provisions of this Chapter shall apply. (Ord. #574; 1976 Code §179-51; Ord. #1122, §VII)
