The office of zoning officer is hereby created. It shall be the duty of the zoning officer to enforce this chapter, the provisions of chapter XIX-A (site plan review), chapter XIX (land subdivision) and also the provisions of the land use procedures chapter (C. XVIII-A of this revision). Pursuant to that duty, he shall investigate any violation or alleged violation of this chapter coming to his attention. All applications to the construction official for building Permits shall be examined by the zoning officer as to compliance with this chapter and all such permits shall be signed by the zoning Officer, as well as the construction official, The zoning officer shall require two (2) sealed plot plans, with an embossed seal, prepared by a New Jersey licensed professional engineer, land surveyor, architect or planner to the extent that said professionals are permitted to prepare such plans by virtue of the provisions of NJAC 13:40-7.3. Such plans shall be drawn to scale and show the size and other facilities sufficient to enable him to determine whether all zoning requirements are met. The requirement for sealed plot plans may be waived for additions, alterations, or accessory structures to existing single family dwellings, and a sketch prepared by the owner or applicant accepted in lieu thereof. Where there is a question as to the size, location or other zoning requirement, the zoning officer may require a sealed location survey. In the event of any material deviation from the approved application, plot plan, or building plans, the zoning officer may stop construction by Posting a stop work notice at the building site. The zoning officer and the construction official, or either of them, shall have the right to enter any building or premises during the daytime in the course of duty, after proper notification to the property owner or occupant of the property.

a. Office created. The office of assistant zoning officer is hereby created. There shall be two (2) assistant zoning officers, one of whom shall be the secretary of the planning board and the other shall be the secretary of the zoning board of adjustment.

b. Compensation. The assistant zoning officer shall not receive any additional compensation other than the compensation fixed for the secretary of the planning board and the secretary of the zoning board of adjustment.

c. Duties. It shall be the duty of the assistant zoning officer, under the supervision and control of the zoning officer and to the extent not prohibited by law, to perform all the duties of the zoning officer in the absence of the zoning officer or at such other times as may be permitted by law or as directed by the town manager.

a. Required. A zoning permit shall be required in the following instances:

1. Before using or allowing the use of any structure, building or land, or part thereof, hereinafter created, erected, changed, converted or enlarged, wholly or partly.

2. Before changing the use of any building, property or part thereof, or allowing a change of use of any building or property, or part thereof.

b. Details. A zoning permit shall show that every building or premises, or part thereof, and the proposed use thereof are in conformity with the provisions of this chapter or in conformity with the provisions of a variance granted according to law.

c Issuance; required prior to work. All zoning permits shall be issued in triplicate. one copy shall be posted conspicuously on the premises affected whenever construction work is being performed thereon. No owner, contractor, workman or other persons shall perform any building operations of any kind unless the zoning permit covering such operation has been previously issued. Furthermore, no building operations of any kind shall be performed after notification of the revocation of the zoning permit. Every zoning permit for a residence or residential dwelling unit shall set forth the maximum occupancy of such residence or dwelling unit, as determined from the Town of Newton housing code.

d. Records. A record shall be kept of all zoning permits issued. The original applications therefore shall be kept on file in the same manner as applications for building permits.

e. Duration. A zoning permit, unless revoked, shall continue in effect so long as there is no change of use of the premises.

f. Time for action on application.

1. The zoning officer shall act upon all such applications within 15 days after receipt of a fully filed-in application, or shall notify the applicant in writing of this refusal to issue such permit and the reasons therefor.

2. Failure to notify the applicant in case of refusal to issue a permit within 15 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.

g. Waiver of plans. The zoning officer may waive plans on minor alterations not affecting structural change.

h. Fees. The zoning officer shall collect a fee for each zoning permit issued as set forth in the Town's Fee Ordinance, except that if a certificate of occupancy is required, no additional charge shall be made for issuance of a zoning permit.

1. Misleading application; violation of permit. If it shall appear at any time to the zoning officer that the application or accompanying plans is in any material respect false or misleading, or that the work being done upon the premises is materially different from that called for in the application previously filed with him or may be in violation of any provision of this chapter, or that the conditions imposed by either the planning board or board of adjustment are not being met within the time or in the manner required by the approving authority, he may forthwith revoke the zoning permit.

j. Permit required prior to 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 passage of this chapter, without first obtaining a zoning permit.

k. Permit for nonconforming use created by change in ordinance. Within six months from the effective date of any subsequent amendment to the zoning ordinance of the Town of Newton, the effect of which is to make certain uses nonconforming, the owner of the property upon which any such nonconforming use exists may apply for and obtain at no charge a zoning permit certifying the extent of the nonconforming use and specifying the nonconformity in detail. After the expiration of any such six month period, a zoning permit may be issued for a nonconforming use only by the zoning board of adjustment, after a hearing held on notice to all Persons entitled thereto,

It shall be unlawful for an owner to use or permit the use of any building, or part thereof, hereafter erected, altered, converted, or enlarged, wholly or in part, until a certificate of occupancy shall have been issued by the construction official. A fee, as set forth in the Town's Fee ordinance, shall be charged for each certificate of occupancy or duplicate certificate issued, except as otherwise herein provided.

Recognizing in certain instances the necessity for certain temporary uses, the board of adjustment, after hearing, may authorize temporary use permits, pursuant to the authority of R.S. 40:55D-70(b).

a. Duration. Such permits may be issued for a period not to exceed one year and, on further application to the board of adjustment, may be extended, for good cause shown, for an additional period not to exceed one year. Thereafter, such temporary use permit shall expire and the use so permitted shall be abated. Any structures erected in connection therewith shall be removed. Where it deems appropriate, the board of adjustment may require such guarantees it deems sufficient to cause such abatement and/or removal.

b. Temporary certificate of occupancy for sales office. Where a building permit has been issued, a temporary certificate of occupancy for a dwelling house may be granted to a developer to permit such dwelling house to be used, temporarily, as a sales and management office for the sale of those homes within a subdivision provided all of the following requirements are met:

1. The house to be used as such office is built upon a lot which is on part of a subdivision that has been approved by the planning board.

2. The house is of substantially the same quality of construction as those homes to be sold within the subdivision.

3. No other business than that which is accessory to the management and the sale of lands owned by the developer shall be permitted.

4. The dwelling house shall meet all other requirements of the zone district in which it is located.

c. For temporary nonconforming use incidental to construction. Where a building permit has been issued, the board of adjustment may grant a temporary use permit for a nonconforming use incidental to construction projects on the same premises, such as the storage of build by him with respect thereto. Such report shall be in a form and shall contain such information as the town council may direct. Copies of such reports shall be made available to the construction official and the tax assessor.

For each and every violation of the provisions of this chapter, the owner, contractor or other person interested as general agent, architect, building contractor, tenant or any other person who commits, takes part in or assists in any violation of this chapter, or who maintains any building or premises in which any violation of this chapter shall exist, and who shall have refused to abate such violation within five days after written notice shall have been served upon him, either by certified mail or personal service, shall be subject to a fine of not more than five hundred ($500.00) dollars or imprisonment in the county jail for a period not exceeding ninety (90) days, or both, at the discretion of the county or judicial officer before whom a conviction may be had. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter.