To ensure compliance with the provisions of this chapter and the Subdivision
and Site Plan Ordinance, no person shall erect, alter or convert any structure or building
or part thereof nor alter the use of any land subsequent to the adoption of
this chapter until the proper permits have been obtained.
A zoning permit certifying that the proposed use, structure or building
complies with the provisions of this chapter or a variance therefrom approved
by a borough board is required precedent to the commencement of a use or the
erection, construction, reconstruction, alteration, conversion or installation
of a structure or building.
A. Zoning Officer. The Zoning Officer is hereby given the
duty, power and authority to issue zoning permits and to interpret, administer
and enforce the provisions of this chapter. He shall review all construction
permit and certificate of occupancy applications and all applications to the
Planning Board and Board of Adjustment for compliance with this chapter.
B. Noncompliance. When the Zoning Officer is not satisfied
that the applicant's proposal meets the requirements of this chapter,
he shall refuse to issue a zoning permit and shall so notify the Construction
Official and the applicant in writing, giving the reasons for denial. The
Zoning Officer shall make a tentative determination as to which board has
authority to hear an appeal to the denial.
C. Records. The Zoning Officer shall keep a record of all
applications for zoning permits.
A construction permit certifying that the proposal is in conformance
with the State of New Jersey Uniform Construction Code and all other applicable
state and local laws, rules and regulations and that all other review, action
and approval required pursuant to such laws, rules and regulations, including
those listed below, have been performed and/or obtained is required precedent
to the commencement of the erection, construction, reconstruction, alteration,
conversion or installation of a structure or building.
A. Zoning permit. A zoning permit shall be required before
the issuance of a construction permit.
B. Tax delinquency. As a condition for the issuance of a
construction permit, there shall be no tax or assessment for borough improvements
due or delinquent on the property for which the application is made or for
any property in the Borough owned by the applicant or owner of said property.
C. Performance guaranty. The Construction Official shall
require and accept, in accordance with the standards of Chapter
305, Subdivision
of Land and Site Plan Review, §
305-15, a performance guaranty for
the purpose of assuring the installation and maintenance of on-tract improvements
when such a requirement is part of the stipulation of the approval of a development
application.
D. Display. All permits shall be issued in duplicate, and
one copy shall be kept conspicuously on the premises affected and protected
from the weather whenever construction work is being performed thereon. No
person shall perform any construction operation of any kind unless a permit
covering such operation has been displayed as required by this chapter, nor
shall construction operations of any kind be performed after notification
of the revocation of the permit.
E. Records. The Construction Official shall file and safely
keep copies of all plans submitted, and the same shall form a part of the
records of his office and shall be available for the use of the Borough Council
and of other officials of the Borough, the county and the state. Records shall
not be removed except with the written consent of the Construction Official.
F. Reports. The Construction Official shall prepare a monthly
report for the Borough Council summarizing for the period since his last previous
report all construction permits and certificates of occupancy issued by him
and all complaints of violation and the action taken by him consequently thereon.
A copy of each such report shall be filed with the Borough Tax Assessor at
the same time it is filed with the Borough Council.
G. Revocation. If it appears at any time to the Construction
Official that the application or accompanying plans are in any respect false
or misleading or the work being done upon the premises is differing materially
from that called for in the application or plans filed with him under existing
laws or ordinances, he shall forthwith revoke the construction permit, whereupon
the person holding the same shall surrender it and all copies thereof to the
Construction Official. After the permit has been revoked, the Construction
Official may, in his discretion, before issuing the new permit, require the
applicant to file an indemnity bond in favor of the Borough with sufficient
surety conditioned on compliance with this chapter and all laws and ordinances
then in force and in a sum sufficient to cover the cost of removing the building
or structure if it does not comply.
H. Expiration. If a permit has not been acted upon by the
commencement of construction within six months from date of issuance and construction
is not completed within 12 months, thereafter, such permit and all rights
created thereby shall expire. Extension may be granted by presentation of
valid reasons.
The prospective purchaser, prospective mortgagee or any other person
interested in any land upon which a nonconforming use or structure exists
may apply, in writing, for the issuance of a certificate certifying that the
use or structure existed before the adoption of the Zoning Ordinance which
rendered the use or structure nonconforming. The applicant shall have the
burden of proof. Applications pursuant hereto may be made to the Zoning Officer
within one year of the adoption of the ordinance which rendered the use or
structure nonconforming or at any time to the Board of Adjustment. Denial
by the Zoning Officer may be appealed to the Board of Adjustment.