All applications for building permits shall
be accompanied by a plat in duplicate, drawn to scale, showing the
actual dimensions of the lot to be built upon, the size of the building
to be erected, the location of the building upon the lot, the dimensions
of all open spaces, the dimensions and location of off-street parking
area and the established building lines.
Nothing herein contained shall require any change
in the plan, construction or designated use of a building for which
a building permit has been heretofore issued or plans for which are
on file with the Building Inspector or Construction Code Official
or any other official so designated by the Mayor and Council at the
time of the passage of this chapter and which entire building shall
have been completed, according to such plans as filed, within one
year from the date of passage of this chapter.
[Added 4-22-2015 by Ord.
No. 3-11-2015]
A. Enforcement.
(1)
Zoning Officer. It shall be the duty of the Zoning Officer and
his or her staff to administer and enforce this chapter. No structure
shall be erected without a building permit and a zoning certificate
of compliance and no structure or lot shall use or have its use changed
so as to be in violation of this chapter. In no case shall a building
permit be issued for the construction or alteration of any structure
nor shall a certificate of occupancy be issued for a new occupant
with a new use, or new use by the present occupant, until the proposed
construction or alteration or use conforms to the provisions of this
chapter, including the issuance of a zoning certificate of compliance.
It shall be the duty of the Zoning Officer to cause any structures,
plans or premises to be inspected or examined and order the owner
in writing that any condition be remedied which is found to exist
in violation of any provisions of this chapter. It shall be the duty
of the Zoning Officer to keep a record of all applications and all
permits which are either issued or denied, with notations of any conditions
involved, which data shall form a part of the Borough public records.
B. Zoning certificate of compliance.
(1)
Issuance. No property or building subject to a change of use,
or change in ownership, in whole, or in part, shall be occupied or
used for any purpose, and no certificate of occupancy, building permit,
demolition permit, or similar permit shall be issued and no site improvements,
including excavating or construction or private improvements shall
be commenced, until the Zoning Officer of the Borough of Haledon has
issued a zoning certificate of compliance for such property. If the
subject property complies with all provisions of the Zoning Ordinance,
the Zoning Officer shall issue the zoning certificate of compliance
within 10 business days of receiving a complete application and evidence
that all taxes have been paid on the subject property. Otherwise,
the Zoning Officer shall deny the application within the ten-day period,
citing the reason or reasons for such denial. An appeal of denial
must be filed within 20 calendar days of receipt of the denial. Such
appeal shall be filed with the Planning Board, notifying the Zoning
Officer at the same time.
(2)
Exemptions. Any change of ownership which is exempt from the
payment of the realty transfer tax imposed under the New Jersey Public
Law 1968, c. 49, as amended, by reason of a deed for a consideration of
less than $100; which confirms or corrects a deed previously recorded;
between husband and wife, parent and child; by an executor or administrator
of a decedent to a devisee or heir to effect distribution of the decedent's
estate in accordance with the provisions of the decedent's will or
the intestate laws of the State of New Jersey; or recorded within
90 days following the entry of a divorce decree which dissolves the
marriage between the grantor and grantee, shall be exempt from the
requirements of this section.
(3)
Responsible party. The responsibility for obtaining a zoning
certificate of compliance rests with the current owner of the property.
Transfer of title to real property may be permitted by the Zoning
Officer provided the purchaser certifies in writing to the Zoning
Officer that the purchaser shall correct all violations upon which
the denial of the zoning certificate of compliance was based in a
reasonable time and provided further that the purchaser and seller
have established a reasonable escrow for the correction.
(4)
Notification. To assist in the enforcement of this section,
a notice shall be included on all tax searches and added assessment
searches prepared by the Tax Collector of the Borough of Haledon,
stating that a zoning certificate of compliance is required for a
change in use or sale of real property within the Borough of Haledon;
provided, however, that a failure to offer such notice shall not constitute
a defense for the failure to obtain a zoning certificate of compliance.
C. Fees.
(1)
The fee for a zoning certificate of compliance shall be $100.
In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements
adopted for the promotion of the public health, safety, comfort, convenience
and general welfare. It is not intended by this chapter to repeal,
abrogate, annul or in any way to impair or interfere with any existing
provisions or permits previously adopted or issued or which shall
be adopted or issued pursuant to law relating to the use of buildings
or premises; nor is it the intention of this chapter to interfere
with or abrogate or annul any easements, covenants or other agreements
between parties; provided, however, that where this chapter imposes
greater restrictions upon the use of buildings or premises or upon
the height of buildings or requires larger yards, courts or other
open spaces than are imposed or required by existing provisions of
laws or ordinances or by such rules, regulations or permits or by
such easements, covenants or agreements, the provisions of this chapter
shall control.