The governing body reserves the right to amend, change, modify,
or repeal any regulations, limitations and restrictions of this code,
including the Zoning Map. No such amendment, change, modification,
or repeal shall be adopted until after a public hearing is held thereon
by the Borough Council at which parties in interest and citizens shall
have an opportunity to be heard.
A. No amendment or change shall become effective unless the Code proposing
such amendment or change shall first have been submitted to the Planning
Board for approval, disapproval, or suggestions, and 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 2/3 of the membership of Borough Council.
B. 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 on either side thereof
or directly opposite thereto extending 200 feet therefrom (exclusive
of street space), such change shall not become effective except by
the favorable vote of 2/3 of all the members of the Borough Council.
In case any building or structure is erected, constructed, altered,
repaired, converted, or maintained, or any building or structure is
used in violation of this code or any regulations made pursuant thereto,
the proper Borough authorities, in addition to other remedies, may
institute any appropriate action or proceedings to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use, to restrain, correct, or abate such violation,
to prevent the occupancy of said building, structure, or land, or
to prevent any illegal act, conduct, business or use in or about such
premises.
[Amended 8-10-2009 by Ord. No. 2009-12]
A. Enforcement.
(1) The Zoning Officer shall administer and enforce the zoning provisions
of the Land Development Code and shall be responsible for the issuance
of all zoning permits. No zoning permit shall be issued unless the
proposal is fully compliant with all provisions of the Zoning Ordinances
and the floodplain regulations. A zoning permit shall be issued prior to the issuance
of a construction permit from the Construction Official.
(2) No certificate of occupancy for a use of an existing structure shall
be issued unless there is an approved zoning permit. All changes in
occupancy of an existing structure which do not involve residential
uses shall require a zoning permit which shall certify that the use
complies with the zoning laws of the Borough. Prior to the issuance
of a zoning permit for a change in occupancy, the Construction Official
shall issue a certificate of continued occupancy which certifies that
the building, structure and premises conform to the Uniform Construction
Code of the State of New Jersey.
(3) A zoning permit shall be issued or denied within 10 working days
of the date of the complete submission of an application. The work
to be performed shall commence within 90 days after the issuance of
the permit; otherwise the permit shall be void.
B. Penalties. Any person that shall violate any section of the Land
Development Code where no specific penalty is stated for that section,
or do any act or thing prohibited or fail or refuse to do any act
or thing required to be done, or fail to comply with an order from
the Zoning Administrative Officer or an order of the Planning Board
shall upon conviction thereof before any judicial officer authorized
to hear and determine the matter pay a fine not to exceed $1,000 and
may be imprisoned for a term not to exceed 90 days or both. Any violation
of any section of the Land Development Code that continues after the
responsible party has been cited, summoned, or officially noticed
of the violation or proposed violation shall be considered a continuing
violation and shall be separately punishable for each day that it
continues.