A.
Zoning permits. No land shall be occupied or used,
in whole or in part, nor shall any building be erected, altered or
used for any purpose whatsoever unless and until a zoning permit for
said use shall have been issued by the Zoning Officer; provided, however,
that no zoning permit shall be required for any customary accessory
use, for the use of any building or structure for which a certificate
of occupancy has been granted by the Construction Code Official or
for the use of any land for which a certificate of occupancy has been
granted by the Zoning Officer. The issuance of a building permit shall
be considered to include a zoning permit.
B.
Certificates of occupancy.
(1)
No land shall be occupied for use for storage,
construction, manufacturing, processing or other commercial purposes,
including the parking of motor vehicles or mobile equipment, until
a certificate of occupancy shall have first been applied for and issued
by the Zoning Officer.
(2)
No building or structure hereafter constructed,
moved, altered or enlarged shall be used or occupied until a certificate
of occupancy therefor has first been applied for and issued by the
Construction Code Official.
(3)
No certificate of occupancy for any land or
structure shall be granted until all required improvements or conditions
of approval have been met, installed or completed. A temporary certificate
of occupancy may be issued, but only for a specific period, upon such
conditions as the Borough Engineer may impose, such as bonding, to
ensure the completion or installation of any such improvements unfinished
because of weather or unforeseen delay. The installation of any required
public or private improvements may also be delayed if the Borough
Engineer warrants in writing to the Construction Code Official that
the delay is in the best interests of the Borough of North Arlington.
C.
Changes in use.
(1)
Wherever there is to be a change in use of any
building, structure or land in any zone prior to the institution of
a new use, application for a new certificate of occupancy shall first
be made to the Zoning Officer who shall then make an inspection of
said premises in order to ascertain whether any violations of this
chapter exist or whether the proposed or intended use will be in violation
of this chapter.
D.
Conditions for issuance of permits and certificates.
No building permit, zoning permit or certificate of occupancy shall
be granted in appropriate instances by either the Construction Code
Official or the Zoning Officer until either or both, as circumstances
may require, has or have ascertained that all requirements of this
chapter, the Uniform Construction Code and any other applicable Borough
ordinances, state laws and administrative regulations, Board of Adjustment
decisions and necessary resolutions of the Mayor and governing body
have been duly complied with.
E.
Contents of permits and certificates. A zoning permit
or certificate of occupancy shall specify the use of the land, building
or buildings, as the case may be, and any terms or conditions imposed
thereunder.
F.
Records. It shall be the duty of the Zoning Officer
and the Construction Code Official, respectively, to keep records
of all applications for building permits, zoning permits and certificates
of occupancy and of all such permits and certificates issued, together
with a notation of all special terms or conditions imposed thereunder.
Each shall be responsible for the filing and safekeeping of plans
and specifications submitted with any application, and the same shall
form a part of the records of the office and shall be available to
all officials of the Borough of North Arlington.
G.
Certificates of subdivision approval. These shall
be issued by the Borough Clerk in accordance with N.J.S.A. 40:55D-56
of the Municipal Land Use Law. A fee of $10 shall be charged for each
certificate of approval.
A.
In case any building or structure is erected, constructed,
reconstructed, altered, moved or converted; or any building, structure
or land is used in violation of or contrary to the provisions of this
chapter, the Borough may institute an action to enjoin or any other
appropriate action or proceeding to prevent such erection, construction,
reconstruction, alteration, conversion or use. However, nothing in
this chapter shall be construed to restrict the right of any party
to obtain a review by any court of competent jurisdiction according
to law.
B.
It shall be the responsibility of an applicant to
maintain and enforce all conditions required by the Board in granting
approval of an application for development as set forth in the resolution
of approval, minutes of the Board or on the site plan or subdivision
plat submitted as part of the application. Failure to do so shall
be considered a violation of this chapter.
A.
General. If, before final subdivision approval has
been granted, any person transfers or sells or agrees to transfer
or sell, except pursuant to an agreement expressly conditioned on
final subdivision approval, as owner or agent, any land which forms
a part of a subdivision for which Borough approval is required, such
person shall be subject to a penalty not to exceed $1,000 and each
lot disposition so made may be deemed a separate violation.
B.
Specific relief.
(1)
In addition to the foregoing, the Borough may
institute and maintain a civil action:
(2)
In any such action, the transferee, purchaser
or grantee shall be entitled to a lien upon the portion of the land
from which the subdivision was made that remains in the possession
of the developer or his/her assigns or successors to secure the return
of any deposits made or purchase price paid and, also, a reasonable
search fee, survey expenses and title closing expenses, if any. Any
such action must be brought within two years after the date of the
recording of the instrument of transfer, sale or conveyance of said
land or within six years, if unrecorded, as set forth in N.J.S.A.
40:55D-55.
C.
Other penalties. Unless otherwise specifically provided herein, any violation of the provisions of this chapter shall be punishable as provided in Chapter 1, Article I, General Penalty, at the discretion of the Municipal Court. Each day the violation shall continue after a notice and a reasonable opportunity to correct or remedy the violation shall constitute a separate violation.
