The provisions of this chapter shall be administered and enforced
by the Building Inspector and Zoning Officer of the Borough. In no
case shall a permit be granted for the use of any lot or for the construction
or alteration of any building or structure where the proposed construction,
alteration or use thereof would be in violation of any provision of
this chapter. It shall be the duty of the Building Inspector and Zoning
Officer and their duly authorized assistants to cause any building
plans for premises to be inspected or examined and to order, in writing,
the remedying of any conditions found to exist in violation of any
provision of this chapter, and they shall have the right to enter
any building or premises during the daytime in the course of their
duties, provided that, except in emergency situations, they have notified
the owner thereof at least 24 hours prior to such entry.
A.
It shall be the duty of the Building Inspector and Zoning Officer
to keep a record of all applications for permits and a record of all
permits issued, with a notation of all special conditions involved.
They shall file and safely keep copies of all plans submitted, and
the same shall form a part of the records of their office and shall
be available for the use of the governing body and of the officials
of the Borough of Lincoln Park.[1]
B.
The Building Inspector shall prepare a monthly report for the governing
body summarizing all building permits and certificates issued by him
and all complaints or violations and the action taken by him. A copy
of each such report shall be filed with the Planning Board at the
same time it is filed with the governing body.
All fees paid to the Building Inspector shall be transmitted
by him at regular intervals to the Borough Treasurer and he shall
maintain a written record of all fees paid to him.
A.
Building permits. All applications for building permits shall be
made in the manner prescribed in the New Jersey State Uniform Construction
Code.
B.
Certificates of occupancy. No building or premises or any part thereof
hereafter created, located, erected, changed, altered, converted or
enlarged, wholly or partly, shall be used or occupied, or permitted
or caused to be used or occupied, unless a certificate of occupancy
has been issued for that premises in accordance with the requirements
of the New Jersey State Uniform Construction Code. The certificate
shall certify that the structure or use complies with the provisions
of this chapter.
(1)
Revocation. On the serving of notice of any violation of any
of the provisions or requirements with respect to any lot, building
or structure or use thereof or of land as specified in this chapter,
the certificate of occupancy for such use shall thereupon, without
further action, be null and void until such time as the violation
is removed.
(2)
Filing. A duplicate copy of the certificate of occupancy shall
be filed with the Tax Assessor. A record of all certificates of occupancy
shall be kept in the office of the Building Inspector. Copies shall
be furnished on request to the Planning Board or to any person having
a proprietary or tenancy interest in the building or land affected.
A.
The regulations, limitations and restrictions of this chapter, including
the Zoning Map, may be amended, changed, modified or repealed by the
governing body in accordance with N.J.S.A. 40:55D-62.
B.
In addition to the notice required by law, notices of such hearing
shall be mailed to any civic associations in the Borough which shall
have registered annually on or before January 1 their name and address
for this purpose with the Borough Clerk. Failure to give such notices
by mail shall not, however, invalidate any such amendment, change,
modification or repeal. No amendment or change shall become effective
unless the ordinance containing such amendment shall first have been
submitted to the Planning Board for review. The Planning Board shall
have a reasonable time, not less than 35 days, for consideration and
report. In the case of an unfavorable report by the Planning Board,
such amendment or change shall not become effective except by a favorable
vote of a majority of the fully authorized membership of the governing
body.
C.
A protest against any proposed amendment or revision of a zoning
ordinance may be filed with the Borough Clerk, signed by the owners
of 20% or more of the area either of the lots or land included in
such proposed change or of the lots or land extending 200 feet in
all directions therefrom inclusive of street space, whether within
or without the Borough. Such amendment or revision shall not become
effective following the filing of such protest except by the favorable
vote of 2/3 of all members of the governing body.
For each and every violation of the provisions of this chapter, the owner, contractor or other person or persons interested as lessee, tenant or otherwise in any lot, building, structure or premises where such violation has been committed or shall exist shall be subject to a penalty as provided in § 1-2 of this Code. For each and every day that a violation continues after 10 days' written notice by the Building Inspector or Zoning Officer served either personally or by registered mail, the violator shall be subject to prosecution for separate daily offenses. This provision shall not be construed as requiring the service of notice as prerequisite to prosecution for a single offense.
Whenever a term is used in this chapter which is defined in
the Municipal Land Use Law,[1] such term is intended to have the meaning set forth in
the definition of such term found in said statute, unless a contrary
intention is clearly expressed from the context of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
All sections of the Code of the Borough of Lincoln Park or any
other ordinances of the Borough of Lincoln Park containing provisions
contrary to the provisions of this chapter shall be and are hereby,
to the extent of such inconsistency, repealed.
If any section, paragraph, subdivision, clause or provision
of this chapter shall be adjudged invalid, such adjudication shall
apply only to the section, paragraph, subdivision, clause or provision
so adjudged, and the remainder of this chapter shall be deemed valid
and effective.
This chapter shall be known and may be cited as the "Zoning
Ordinance of the Borough of Lincoln Park."
The Borough Clerk shall file a copy of this chapter with the
County Planning Board as required by law.
