§ 540-178Enforcement; violations and penalties.
§ 540-179Building permits.
§ 540-180Certificate of compliance.
§ 540-181Site plan review.
This chapter may be enforced by the Zoning Administrator, Building Inspector or by the Department of Public Safety acting by or through the Police Department or such other official or officials as may be designated by the Department of Public Safety who are hereby empowered to cause any building structure, plans or premises to be inspected and examined and to order, in writing, the remedying of any conditions found to exist therein or thereat in violation of any provision of these regulations. The owner or agent of a building or premises where a violation of any provision of said regulations shall have been committed or shall exist, or the lessee or tenant of any part of the building or premises in which such violation shall have been committed or shall exist, or the agent, architect, builder, contractor or any other person who shall commit, take part or assist in any such violation or who shall maintain any building or premises in which any violation of this chapter shall exist shall, for each and every violation, be subject to a fine not to exceed $2,000 or imprisonment for a term not to exceed 90 days or a requirement to perform community service for a period not to exceed 90 days. Each day that a violation is permitted to exist shall constitute a separate offense.
All applications for building permits shall be accompanied by a plan, in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of buildings to be erected, the location of buildings upon the lot, the dimensions of all open spaces, the established building lines within the block and such other information as may be necessary to provide for the enforcement of this chapter.
No land shall be occupied or used and no building heretofore erected or altered shall be occupied or used in whole or in part for any purpose whatsoever except for the alteration of or addition to a dwelling until a certificate of compliance shall have been issued by the Zoning Administrator, stating that the premises or building complies with all the provisions of this chapter. Such certificate shall be in addition to, and not in substitution of, the certificate of occupancy required under the construction subcodes of the Borough and issued by the Construction Official or subcode official.
No change or extension of use and no alteration shall be made in a nonconforming use of premises without a certificate of compliance having first been issued by the Zoning Administrator certifying that such change, extension or alteration is in conformity with the provisions of this chapter. For purposes of this article, the word "use" shall be deemed to include any change in the nature or type of the specific activity conducted within or occupying a building or premises. In a business or industrial zone, any change of owner or tenant of any premises or building shall be deemed to be a change of use and occupancy under the provisions of this article.
The certificate of compliance shall be applied for at the same time that the building permit is applied for and shall be issued within 10 days after the erection or alteration of the building shall have been completed, or, in cases of change of use or use and occupancy described above, application shall be made prior to the commencement of such changed use or use and occupancy and issuance or denial shall be accomplished within 10 days after the filing of said application.
The Zoning Administrator shall keep a record of all applications for certificates of compliance and a record of all certificates of compliance which he signs, together with a notation of all special conditions involved, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the land or building affected. A fee as established in Chapter 220, Fees, shall be charged for each original certificate and for each copy thereof.
No permit for excavation shall be issued before application has been made for a certificate of compliance. No building or premises for which a certificate of occupancy is required may be occupied until a certificate of compliance shall have been issued.
Before a building permit for any use or building permitted in a B-1, B-2, O-1, O-2, I-1 or I-2 Zone District, except R-1 and R-2 uses which comply with the provisions of the R-2 Zone requirements, shall be approved or issued by the Construction Official, a site plan showing the proposed layout of structures, parking, access and landscaping, where applicable, shall be first reviewed and be given written approval by the Planning Board. In making its review, the Planning Board shall make certain findings with respect to the adequacy of:
When building permits are sought for construction, improvement or major repairs within Zone A, Special Flood Hazard Area, as shown on the current Department of Housing and Urban Development, Federal Insurance Administration, Flood Hazard Boundary Maps for the Borough of Hawthorne, the Planning Board shall review and consider such applications to determine that such proposal for:
New construction or substantial improvements:
Is protected against flood damage.
Is designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure.
Uses construction materials and utility equipment that are resistant to flood damage.
Uses construction methods and practices that will minimize flood damage.
The Planning Board shall notify the Construction Official and the Zoning Administrator of its approval or denial of the site plan within 45 days of the first regular meeting of the Planning Board after submission of the plan to the Planning Board. This time limit may be extended, if necessary, by mutual agreement of the Planning Board and the applicant.