The provisions of this chapter and of all rules,
conditions and requirements adopted or specified pursuant thereto
shall be enforced literally by the Construction Official. Nothing
in this chapter shall prevent any property owner or resident of the
Borough, the Borough itself or any board or agency of the Borough
from availing themselves of any lawful remedy in preventing or abating
any violation of any provision of this chapter.
A.Â
The Construction Official or his duly authorized assistant
shall have the right to enter any building or enter upon any land
at any reasonable hour as is essential in the execution of their duties,
provided that:
B.Â
The Construction Official shall maintain files and
records of all applications for building permits and plans submitted
therewith and for certificates of occupancy issued by him, with notations
of all special conditions involved. He shall keep a record of every
identifiable complaint of a violation of any of the provisions of
this chapter and of the action taken consequent on each such complaint.
These files and records shall be public records, open to public inspection.
C.Â
The Construction Official shall report to the Council
monthly, summarizing for the period since his last previous report
all building permits and certificates of occupancy issued by him.
The Council may request and shall be furnished with information regarding
all complaints and violations and the action taken by him consequent
thereon.
A.Â
Building permits.
(1)Â
Building permits shall hereafter be secured from the
Construction Official prior to the construction, erection or alteration
of any building or structure as defined in the ordinance, or in part
thereof of any parking area not accessory to a single-family dwelling;
or of any fence of two feet or more. A building permit issued in accordance
with the building ordinance of the Borough shall satisfy the purposes
of a building permit, provided that it conforms to all such further
conditions and requirements set forth in this chapter. The fee for
each such building permit shall be as set forth in the Fee Schedule.[1]
(2)Â
All requests for building permits shall be made, in
writing, by the owner, or authorized representative, and shall contain
a statement of the use or intended use of the building, structure
or land and shall be accompanied, among other things which the Board
of Adjustment, Planning Board or Construction Official may require,
by a plan and elevation of the building and a plot plan drawn to scale,
showing the proposed building in its exact relation to lot and street
lines, and by evidence satisfactory to the Construction Official to
the effect that the line of the bounding street or streets has been
accurately located and staked on the ground.
(3)Â
No building permit shall be issued for the construction
or alteration of any building upon a lot without access to a street.
(4)Â
No building permit shall be issued for any building
where site plan of such building is subject to approval by the approving
authority, until such authority approves the site plan.
[Amended 5-18-1998 by Ord. No. 1220]
(5)Â
No building permit shall be issued for a building
to be used for any conditional use in any district where such use
is allowed only by approval of the approving authority, unless and
until such approval has been duly granted by the approving authority.
[Amended 5-18-1998 by Ord. No. 1220]
(6)Â
The building permit application and all supporting
documentation shall be made in duplicate. On the issuance of a building
permit, the Construction Official shall return one copy of all filed
documents to the applicant.
(7)Â
The Construction Official shall, within 20 working
days after the filing of a complete and properly prepared application
approved, where necessary, by the approving authority, either issue
or deny a building permit. If a building permit is denied, the Construction
Official shall state, in writing, to the applicant the reasons for
such denial.
[Amended 5-18-1998 by Ord. No. 1220]
(8)Â
Every building permit shall expire if the work authorized
has not commenced within six months after the date of issuance, or
has not been completed within two years from such date. If no zoning
amendments or other codes or regulations affecting such property have
been enacted and no publication of notice of a public hearing on such
amendments or code or regulations in the interim, the Construction
Official may authorize, in writing, the extension of either above
periods of an additional six months, as per schedule, after which
no further work is to be undertaken without a new building permit.
(9)Â
Whenever any building or structure is to be demolished,
razed, pulled down or torn down, whether a demolition permit is required
or not, the owner of the property shall submit to the Borough Engineer
a videotape of all sewer laterals serving the lot, following demolition,
razing, tearing down or pulling down of the building or structure.
Should the videotape reveal the need for repair or replacement of
any sewer lateral, as determined by the Borough Engineer, said repair
or replacement shall be a condition to the issuance of a certificate
of occupancy. This subsection shall not apply to those cases where,
subsequent to demolition, the Building Department issued a permit
for a complete replacement of all laterals servicing the subject property
and all laterals have been inspected by and approved by the Building
Department.
[Added 11-19-2007 by Ord. No. 1589;
amended 8-4-2008 by Ord. No. 1626; 10-19-2009 by Ord. No. 1676]
(10)Â
Every building permit for new construction of
any type shall be conditioned upon the submission of a certified foundation
location survey being submitted to the Zoning Officer upon completion
of any foundation. No framing or other construction may commence unless
and until the Zoning Officer makes a finding that the foundation location
survey is in compliance with previously approved plans. If the Zoning
Officer shall find that the foundation location survey violates any
setbacks, the foundation must be changed to comply with previously
approved setbacks and a new foundation location survey be submitted,
or a variance may be requested from the appropriate approving authority.
[Added 6-23-2008 by Ord. No. 1618]
B.Â
Temporary permits. The Construction Official may issue
temporary permits upon authorization by the approving authority. The
fee for each temporary permit shall be as provided in the Fee Schedule.[2]
[Amended 5-18-1998 by Ord. No. 1220]
C.Â
Certificate of occupancy and certificate of continuing
occupancy.
[Amended 5-18-1998 by Ord. No. 1220]
(1)Â
No building or a part of a building hereafter erected,
structurally altered or moved shall be occupied or used in whole or
in part, and no use of an existing building shall be lawful, until
a certificate of occupancy shall have been applied for and issued
by the Construction Official.
(2)Â
A certificate of occupancy shall be deemed to authorize,
and is required for, both initial and continued occupancy and use
of the building or land to which it applies.
(3)Â
If the proposed use is in conformity with the provisions
of this chapter and of all other applicable laws and ordinances in
effect, a certificate of occupancy for the use of vacant land or for
a change of use of a nonconforming use shall be issued by the Construction
Official.
(4)Â
Upon written request by the owner, and after examination
of all factual information to be supplied by the owner, and after
inspection of the building, the Construction Official shall issue
a certificate of continuing occupancy for any legally existing building
or use thereof or of land existing on June 6, 1973, certifying that
such use and building conforms to the provisions of this chapter.
[Amended 5-18-1998 by Ord. No. 1220]
(5)Â
Application for a certificate of occupancy shall be
made for a new building, or for an existing building which has been
altered, on a form furnished by the Construction Official. Such application
shall accompany the application for a building permit and shall be
issued within 10 days after a written request for inspection of the
completed work, but only if all requirements of this and other applicable
ordinances or codes are complied with.
(6)Â
Every certificate of occupancy shall state that the
building or the proposed use of land complies with all provisions
of law of this chapter and all other ordinances of the Borough.
(7)Â
No certificate of occupancy shall be issued by the
Construction Official unless and until the party applying for the
same shall have filed with the Construction Official proper certificates
from the Health Officer and the Fire Inspector certifying that the
premises have been inspected by the Health Officer and the Fire Inspector
and comply with the rules and regulations of the Borough.
(8)Â
Every certificate of occupancy in connection with
a conditional use or variance requiring approval by the appropriate
authority is required to contain a statement from the appropriate
authority that approval has been granted and of any conditions to
which the same is subject.
[Amended 5-18-1998 by Ord. No. 1220]
(9)Â
No certificate of occupancy for any building shall
be issued by the Construction Official until after the completion
of all parking spaces and access facilities and landscape planting
required by this chapter and by the approving authority as part of
site plan review. Where, by reason of adverse weather conditions,
it is impractical to complete the parking spaces and access facilities
and landscape planting, a temporary certificate of occupancy may be
issued upon the posting of a performance guaranty approved as to form
by the Borough Attorney and as to sufficiency by the Borough Attorney
and the Construction Official. A temporary certificate of occupancy
shall run for a period not to exceed six months.
[Amended 5-18-1998 by Ord. No. 1220]
(10)Â
If a certificate of occupancy is denied, the
Construction Official shall state, in writing, within 30 days, the
reasons for such denial.
(12)Â
No certificate of occupancy shall be issued
for any new construction unless a certified final as-built survey
is submitted to the Zoning Officer and the Zoning Officer finds that
all construction is in compliance with previously submitted plans.
[Added 6-23-2008 by Ord. No. 1618]
D.Â
Sign permits. Sign permits shall hereafter be secured
from the Construction Official prior to the construction, erection
or alteration of any sign or signage, except that no permit is required
for legal signs of 144 square inches or less in residential zoning
districts. The fee for sign permits shall be as provided in the Fee
Schedule of the Borough.[4]
[1]
Editor's Note: Former § 416-70,
Planning Board Review of applications and appeals, was repealed 3-11-2005
by Ord. No. 1490.
A.Â
Procedures. The regulations, limitations and restrictions
of this chapter may from time to time be amended, changed, modified
or repealed, and the boundaries of the zoning districts hereby established
may be changed by ordinance adopted by the Council. No such amendment
or change shall become effective unless the ordinance proposing such
amendment or change shall first have been submitted to the Planning
Board for approval, disapproval or suggestion. The Planning Board
shall have a reasonable time, not more than 35 days after the receipt
of such reference, for consideration and report. In the case of an
unfavorable report by the Planning Board, such amendment shall not
become effective except by a favorable vote of a majority of the Council.
If the Planning Board does not report within the required time, it
shall be deemed to have reported in the affirmative.
B.Â
Petition by property owners.
(1)Â
When owners of more than 50% of the frontage within
a zoning district or part of a zoning district comprising not less
than one block or three acres, whichever is greater, present to the
Council a duly signed petition for the amendment, change or modification
of the regulations or map pertaining to a zoning district or part
of a zoning district, the Council shall act upon the petition within
120 days after the filing of the petition with the Borough Clerk.
The petition shall be accompanied by a map showing the lots, buildings
and uses of property within the area for which the change of zoning
district is asked.
[Amended 12-16-1996 by Ord. No. 1172]
(2)Â
The petition shall, furthermore, set forth grounds
or reasons for the proposed change. Any proposed amendment or change
of zoning district or part of a zoning district petitioned by owners
shall be referred to the Planning Board for study and report within
60 days after its receipt by the Council.
C.Â
Protest by property owners. In case of a protest against
such proposed change signed by the owners of 20% or more either of
the area of the lots or land included in such proposed change, or
of the lots or land in the rear or on either side, thereof, or directly
opposite thereto extending 200 feet therefrom, exclusive of any intervening
street space, such change shall not become effective except by the
favorable vote of 2/3 of all the members of the Council.
[Amended 12-16-1996 by Ord. No. 1172]
A.Â
Unless otherwise specified in this chapter, any owner,
lessee, contractor, agent or other person who uses or maintains, or
causes to be used or maintained, any building or premises or any part
thereof in the Borough for any purpose other than the uses permitted
therefor in this chapter, or who erects, enlarges or alters or causes
to be erected, enlarged or altered, any building or any part thereof
in the Borough except in conformity with the provisions of this chapter,
or who otherwise violates, or causes to be violated, any provision
of this chapter shall, upon conviction thereof, be subject to a maximum
penalty not exceeding $1,000, or imprisonment for up to 90 days, or
a period of community service not exceeding 90 days, or any combination
thereof.
[Amended 12-16-1996 by Ord. No. 1172; 5-18-1998 by Ord. No. 1220]
B.Â
Any violation of this chapter may also be enjoined
pursuant to law.
C.Â
The penalties provided for herein shall be cumulative,
and shall be in addition to any other penalties provided by law.
[Amended 5-18-1998 by Ord. No. 1220]
In the interpretation and the application of
the provisions of this chapter, they shall be held to be the minimum
requirement for the promotion of the health, safety, morals and general
welfare. It is not intended to interfere with or annul other rules
or regulations or ordinances, provided that where this chapter imposes
greater restrictions upon the use of buildings, structures or premises
or upon the height or bulk of buildings and structures or requires
larger open spaces, the provisions of this chapter shall apply.
[Amended 12-16-1996 by Ord. No. 1172]
Notwithstanding the repeal of prior ordinances
by this chapter, all applications for development properly and timely
made pursuant to said prior ordinance prior to the effective date
of this chapter may be continued, but shall be processed in accordance
with the substantive and procedural requirements of this chapter.
