It shall be the duty of the Construction Official
of the Borough, as Zoning Officer, or his/her representative in his/her
absence to administer and enforce this chapter in accordance with
the provisions of the building code and of this chapter. In no case
shall a permit be granted for the construction or alteration of any
building where the proposed construction, alteration or use would
be in violation of any provision of this chapter. It shall be the
duty of the Construction Official or his/her representative to cause
any buildings, plans or premises to be inspected or examined and to
order, in writing to the owner or his/her agent, that any condition
be remedied which is found to exist in violation of any provisions
of this chapter and he/she shall have the right to enter any building
or premises during the daytime in the course of his/her duties. A
copy of any order given in writing to an owner or his/her agent that
any condition be remedied shall be given to the Borough Clerk.
Every application for a building permit shall be accompanied by duplicate plans, drawn in ink, blue or black and white copies, showing the actual shape and dimensions of the lot to be built upon, the location, size and height of the structures to be erected, existing structures, the existing and proposed setback lines, and the existing or intended use of each structure or part thereof. The plan shall also show the number of dwelling units the building is designed to accommodate, the number and location of off-street parking spaces and off-street loading areas and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. The application shall also be accompanied by proof of final approval by the Planning Board as required by Chapter
186, Subdivision of Land. One copy of such plans shall be returned to the owner when such plans have been approved by the Construction Official together with such permits as may be granted.
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, applied for at the time of application for a building
permit, shall have been issued by the Construction Official. Such
certificate shall show that such building or part of the building
and the proposed uses thereof conform to the requirements of this
chapter. It shall be the duty of the Construction Official to issue
a certificate of occupancy only when he/she is satisfied that the
building, or part of the building, and the proposed use thereof so
conforms.
No land shall be used, no use shall be commenced
and no structure shall be erected, constructed, reconstructed, altered,
converted and no land, use or structure shall be changed from an existing
use to a new use until a zoning permit is issued by the Zoning Officer
stating that such use, structure or building conforms and complies
with the provisions of this chapter or that a variance has been granted
from the appropriate provisions of this chapter by a board of competent
jurisdiction.
It shall be the duty of the Construction Official
to keep a record of all applications for building permits, a record
of all permits issued, and a record of all certificates of occupancy,
together with a notation of all special conditions involved. He/she
shall file and safely keep copies of all plans submitted, and the
same shall form a part of the records of his/her office, and shall
be available for the use of the Borough Council and of other officials
of the Borough.
The Zoning Officer may issue a temporary zoning
permit and the Construction Official may issue a temporary certificate
of occupancy for a use of land or a building which is related to the
development of a permitted use of the property. In evaluating any
application for such temporary permits, the building or structure
in question must meet the minimum requirements as set forth in the
New Jersey Uniform Construction Code Act for the issuance of temporary
certificates of occupancy and a bond shall be posted which is sufficient,
in the judgment of said Zoning Officer and Construction Official,
that will guarantee the completion of the project. Such temporary
permits shall be issued for a period not to exceed six months and
may be extended for an additional period not to exceed six months.
The Zoning Officer shall prepare a monthly report
summarizing, for the period since his/her last report, all zoning
permits issued, complaints of violations received and action taken
by him/her with respect thereto. Such report shall be in a form and
shall contain such information as the Borough Council may direct.
A copy of such reports shall be made available to the Construction
Official and to the Tax Assessor.
The following fees shall be paid by the applicant
to the Borough:
A. For the issuance of a zoning permit:
[Amended 5-4-2009 by Ord. No. 05-2009; 6-3-2013 by Ord. No. 10-2013]
(1)
Residential zoning permit: $25.
(2)
Commercial zoning permit: $35.
B. For filing applications before the Zoning Board of
Adjustment:
|
N.J.S.A. 40:55D-70
|
Residential
|
Commercial
|
Industrial
|
---|
|
1.
|
$50
|
$ 50
|
$ 50
|
|
2.
|
50
|
50
|
50
|
|
3.
|
50
|
100
|
100
|
|
4.
|
50
|
300
|
500
|
C. For applications before the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-76: in accordance with the appropriate fees as set forth in Chapter
171, Site Plan Review, and Chapter
186, Subdivision of Land.
This chapter shall be enforced by the Zoning
Officer. It shall be his/her primary duty to investigate violations
of the chapter coming to his/her attention, serve notices to abate
violations, sign complaints where justified and cooperate with other
municipal officials in the prosecution of violators. The enumeration
herein of the primary duties of the Zoning Officer shall not mean
that other officials and employees shall be relieved of their obligation
to enforce this chapter. The Zoning Officer or other municipal employees,
authorized by the Borough Council, shall have the right to inspect
any lot or building at reasonable times for the purpose of investigating
possible violations of this chapter.
In addition to actions commenced by the Zoning
Officer in the enforcement of this chapter, in cases where any building
or structure is, or is intended to be, erected, constructed, reconstructed,
altered or converted, or any building or structure is, or is intended
to be, used in violation of or contrary to the provisions of this
chapter, the attorney for the Zoning Board of Adjustment is hereby
authorized, pursuant to directions of the Borough Council, to institute
an action to enjoin the erection, construction, alteration, conversion
or use of any such structure or building, or the commencement of any
use in violation of this chapter, or to pursue any other appropriate
action, proceedings, or remedies available at law to prevent the commencement
of or the continuation of such use.
For any and every violation of the provisions of this chapter, the owner, contractor or other persons 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 by personal service, shall be punished as provided in Chapter
1, General Provisions, Article
III.