[Amended 12-19-1991 by Ord. No. 317-91]
This chapter shall be administered and enforced by the Zoning
Officer who has been appointed by the Borough Council.
A.
It shall be the duty of the Zoning Officer to receive and maintain
a record of all applications for permits and a record of all permits
issued, with notation of all specific conditions involved. He or she
shall file and retain copies of all plans submitted, and the same
shall form a part of the records of his or her office and shall be
available for the use of the Borough Council and other Borough officials.
The Zoning Officer shall not issue a permit for the construction of
any building or for the use of any property unless such a building
or use conforms to the provisions of this chapter and all other applicable
ordinances of the Borough; provided, however, that nothing herein
contained shall require any change in plans, construction or designated
use of a building for which a building permit has been heretofore
issued and the construction of which shall have been diligently prosecuted
within three months of the date of such a permit, and the ground story
framework of which, including the second tier of beams, shall have
been completed within six months of the date of the permit, and where
the entire building shall be completed according to such plans as
filed within one year from the date of adoption of this chapter
B.
The Zoning Officer shall prepare a monthly report for the Planning
Board, summarizing for the period since his or her last previous report
all zoning permits and building permits issued and certificates countersigned
by him or her and all complaints of violations and the action taken
by him or her consequent thereon. A copy of each such report shall
be filed with the Borough Tax Assessor at the same time it is filed
with the Planning Board.
[Amended 12-19-1991 by Ord. No. 317-91]
C.
Should the Zoning Officer be in doubt as to the meaning or intent
of any provision of this chapter or as to the location of a zone boundary
line on the Zoning Map, or as to the propriety of issuing a zoning
or building permit or occupancy permit in a particular case, he or
she shall appeal the matter to the Planning Board for interpretation
and decision.
Amended 2-9-1993 by Ord. No. 502-93]
Zoning permits shall be secured from the Zoning Officer prior to construction, erection or alteration of any building/structure or part of the building or structure and for any change in the use of land. Emergency construction to protect damaged buildings, structures or land is permitted, provided that a zoning permit is applied for within four days and the emergency construction complies with or is revised to comply with this chapter within 60 days. All requests for zoning permits shall be made in writing by the owner or his authorized agent on a form to be supplied by the Zoning Officer and shall include a statement of the use or intended use of the building or land and shall be accompanied by a plan which shall be prepared and submitted in accordance with requirements established by Article IV, as may be applicable. Zoning permits shall be issued within 45 days of application, except when applications require a variance, a conditional use permit and/or site plan review, and shall have a one-year life. If construction has not been completed these must be renewed annually with approval by the Planning Board and without the payment of additional fees for a period not to exceed three years. Building permits issued by construction officials shall not be issued without the submission of a current valid zoning permit.
No building hereafter constructed, erected or altered under
a zoning permit shall be occupied or used in whole or in part for
any use whatsoever, and no change of use in any building or part of
building shall hereafter be made, until a certificate of occupancy
has been issued by the Zoning Officer indicating that the building
or use complies with the terms of the zoning permit and the provisions
of this chapter and any other applicable statutes, ordinances and
regulations. A certificate of occupancy shall be granted or denied
within 10 days of the date of written application therefor.
The Zoning Officer shall issue conditional use permits provided
for in this chapter only upon written direction of the Planning Board
and in accordance with the provisions of this chapter.
[Amended 10-23-2012 by Ord. No. 106-12]
Each application for a permit provided for by this article shall be accompanied by a fee, payable in cash or other form of security approved by the Borough Attorney, in accordance with Article XXII, Fee Schedule.
[Amended 12-19-1991 by Ord. No. 317-91; 10-23-2012 by Ord. No.
106-12]
In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Zoning Officer, in conjunction with the Building Inspector, shall have the power, in addition to taking action to enforce this chapter pursuant to § 270-12, to issue stop, cease and desist orders, and the Borough Council or any other interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; or to prevent any illegal act, conduct, business or use in or about the premises.
