The Zoning Officer or his designee is hereby
given the duty, power and authority to enforce the provisions of this
chapter. He shall examine all applications for permits and issue permits
for the construction, alteration, enlargement and occupancy of all
uses which are in accordance with the requirements of this chapter
and all nonconforming uses existing at the time of passage of this
chapter. The Zoning Officer or his designee shall also record and
file all applications for permits with accompanying plans and documents
and make such reports to the Zoning Board of Adjustment, Planning
Board and governing body as may be required. Building permits for
a variance from the requirements of this chapter shall be issued only
upon written order of the Zoning Board of Adjustment or the governing
body, as the case may be.
A.Â
Purpose. To ensure compliance with the provisions
of this chapter, 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 a building permit has been issued
by the Zoning Officer or his designee.
B.Â
Application for permits. All such applications shall
be made in a manner prescribed in the Building Code of the Borough
of Harrington Park and shall be accompanied by plans in triplicate,
drawn to scale, showing the location, shape and dimensions of the
lot, the location of and existing and intended use of each building
or part thereof, the height thereof, the number of dwelling units
and square feet of space, the amount and location of off-street parking
and loading and other data as may be required by ordinance. The applicant
shall also give such other pertinent information respecting the proposed
use of property and any other information as may be necessary to determine
the propriety of the issuance of a building permit or certificate
of occupancy.
C.Â
Issuance of permits. It shall be the duty of the Zoning
Officer or his designee to issue a building permit, provided that
he is satisfied that the structure, building, sign, parking area and
the proposed use conform to all requirements of this chapter and that
all other reviews and action, if any, called for in this or any other
ordinance and other municipal, county and state requirements have
been complied with and all necessary approvals secured therefor. All
building 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 owner, contractor, workman or other person shall perform any building
operations of any kind unless a building permit covering such operation
has been displayed as required by this chapter, nor shall he perform
building operations of any kind after notification of the revocation
of said building permit.
D.Â
Denial of permits. When the Zoning Officer or his
designee is not satisfied that the applicant's proposed development
will meet the requirements of this chapter, he shall state on the
application the reason for denial and shall refuse to issue a building
permit, and the applicant may appeal to the Zoning Board of Adjustment
for a reversal of the Zoning Officer's decision.
E.Â
Revocation of permits. If it shall appear at any time
to the Zoning Officer or his designee that the application or accompanying
plan is in any respect false or misleading or that work is being done
upon the premises differing from that called for in the applications
filed with him under existing laws or ordinances, he may forthwith
revoke the building permit, whereupon it shall be the duty of the
person holding the same to surrender it and all copies thereof to
said Zoning Officer. After the building permit has been revoked, the
Zoning Officer may, in his discretion, before issuing the new building
permit, require the applicant to file an indemnity bond in favor of
the Borough of Harrington Park with sufficient surety conditioned
for 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 so comply.
A.Â
For new uses.
(1)Â
Compliance with this chapter. It shall be unlawful
to use or permit the use of any building or part thereof hereafter
created, erected, changed, converted, altered or enlarged, wholly
or in part, until a certificate of occupancy shall have been applied
for and issued by the Zoning Officer or other designated official.
An application for a certificate of occupancy shall be made in duplicate
upon forms provided by the Zoning Officer or other designated official.
In case the Zoning Officer or other designated official shall decline
to issue a certificate of occupancy, his reasons for so doing shall
be stated in one copy of the application, and that copy shall be returned
to the applicant.
(2)Â
Compliance with other ordinances. A certificate of
occupancy shall not be issued until the Zoning Officer or other designated
official receives written confirmation that all applicable codes and
ordinances administered and enforced by the Borough of Harrington
Park have been complied with.
B.Â
For existing uses. Upon written request from the owner,
tenant, occupant or purchaser under contract, the Zoning Officer or
other designated official, after inspection, shall issue an certificate
of occupancy for a use legally existing at the time this chapter is
made effective certifying the extent and kind of use and whether any
such existing use conforms to the provisions of this chapter. No change
or extension of use and no alterations shall be made in a nonconforming
use of premises without an certificate of occupancy having first been
issued by the Zoning Officer or other designated official stating
that such change, extension or alteration is in conformity with the
provisions of this chapter.[1]
C.Â
Change of use. No owner, tenant or other person shall
use or occupy any building or structure thereafter erected or altered,
the use of which shall be changed after the passage of this chapter,
without first procuring an certificate of occupancy, provided that
an certificate of occupancy, once granted, shall continue in effect
so long as there is no change of use or other conditions regardless
of change in tenancy or occupancy.[2]
[Added 3-19-2007 by Ord. No. 611]
A.Â
Zoning permit required. No structure shall hereafter
be erected, nor land used, nor change made in the use of any land
or structure, nor sign painted on any structure unless the owner,
his agent or contractor shall first obtain a zoning permit from the
Zoning Officer of the Borough of Harrington Park. A fee as provided
in Borough Fee Schedule shall be charged for a zoning permit. No fee
shall be charged if the application is denied and/or referred to the
Planning Board.
[Amended 6-19-2012 by Ord. No. 672[1]]
B.Â
Filing of plans.
(1)Â
All applications for zoning permits shall be made
on forms provided by the Zoning Officer. It shall be accompanied by
three copies of plans drawn to scale, showing the location, shape,
and dimensions of the lot to be built upon; the location and dimensions,
including height, of existing and proposed structures; the existing
or intended use of each building or part thereof, including the number
of families, if any, intended to be accommodated; and the use of all
outdoor areas. Where site plan approval or review is required by this
chapter, 15 copies of said site plan shall be submitted with the application.
(2)Â
The Zoning Officer shall indicate his approval or
disapproval of the application on the application and plans, attesting
to the same with his signature. One copy shall be returned to the
applicant and two copies shall be retained by the Zoning Officer.
If the Zoning Officer refuses to issue a permit hereunder, he shall
state, in writing, the grounds for his refusal.
(3)Â
The Planning Board/Zoning Board of Adjustment shall
require as a condition for any approval subject to its jurisdiction
that no taxes or assessments for local improvements are due or delinquent
on the property for which the application is made.
[Amended 4-18-2011 by Ord. No. 658]
C.Â
Unless a certificate of occupancy is issued for the
structure covered by the zoning permit within one year from the date
of the issuance of said permit, the permit shall automatically lapse.
Application may, however, be made for the renewal of the permit for
an additional period of 90 days only, with the approval of the Mayor
and Council.[2]
