A.
No building or structure shall be erected, added to or structurally
altered until a permit has been issued by the Zoning Officer. No building
permit shall be issued for any building where said construction, addition
or alteration or use thereof would be in violation of any of the provisions
of this chapter, except after written order from the Zoning Hearing
Board. Any building permit issued in conflict with the provisions
of this chapter shall be null and void.
B.
All applications for building permits shall be accompanied by plans
in duplicate as determined by the Zoning Officer, drawn to scale,
showing the actual dimensions and shape of the lot to be built upon;
the exact sizes and locations on the lot of building already existing,
if any; and the location and dimensions of the proposed building or
alteration. The application shall include such other information as
lawfully may be required by the Zoning Officer, including existing
or proposed uses of the building and land; the number of households,
housekeeping units or rental units the building is designed to accommodate;
conditions existing on the lot; and such other matters as may be necessary
to determine conformance with and provide for the enforcement of this
chapter.
C.
A building permit for any building or use may be revoked and withdrawn by the Zoning Officer if the holder of the building permit has failed to comply with the requirements of this chapter or with any conditions attached to the issuance of the permit, and the holder of the building permit may be subject to penalties as provided by § 330-1702B(1) of this chapter.
D.
The Zoning Officer shall act upon an application for a building permit
no later than 30 days after receiving the application. Failing to
act within this time the applicant may request the Borough Council
to issue the building permit.
E.
One copy of the plans shall be returned to the applicant by the Zoning
Officer after the Zoning Officer has marked such copy either as approved
or disapproved and attested to same by his signature on such copy.
The second copy of the plans, similarly marked, shall be retained
by the Zoning Officer.
F.
If the work described in any building permit has not begun within
90 days from the date of issuance thereof, or 90 days after the effective
date of this chapter, said permit shall expire; it shall be canceled
by the Zoning Officer, and written notice thereof shall be given to
the persons affected.
G.
If the work described in any building has not been substantially completed within two years of the date of issuance thereof, said permit and any other zoning relief shall expire and be canceled by the Zoning Officer, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permits shall not proceed unless and until a new building permit and any other zoning relief have been obtained. Applicant shall have 10 days to apply for renewal of zoning relief and issuance of new building permit. Failure to do so is a violation of this chapter subject to the enforcement remedies described in § 330-1702.
H.
All buildings for which permits have been obtained and the construction
of which has begun, or for which a contract or contracts have been
let pursuant to a permit issued prior to the date of adoption of this
chapter may be completed and used in accordance with the plans on
which said permit was granted; and provided, further, that all permits
issued prior to the approval of this chapter for buildings or uses
which do not conform to the provisions of this chapter are hereby
declared void if at the time of the approval of this chapter no construction
of such building shall have been made or no contracts have been let
pursuant to such a permit.
I.
All public and private construction, demolition and grading work
and related activities performed pursuant to a building permit shall
be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday
through Saturday, and no such work shall be performed at any time
on Sundays, unless the permittee obtains written consent from the
Borough Manager and/or his or her agent to do the work at an earlier
or later hour or on a Sunday. Such permission shall be granted in
the case of an emergency, special work issue or in the event that
work authorized by the permit is to be performed in a traffic congested
area.
J.
In connection with the granting of any permit, the Zoning Officer
and/or the Borough Manager may, in his or her discretion, attach such
conditions thereto as may be reasonably necessary to prevent damage
to public or private property or to prevent the operation from being
conducted in a manner hazardous to life or property or in a manner
likely to create a nuisance, including, but not limited to, the following:
(1)
Limitations on the period of the year in which the work may
be performed.
(2)
Restrictions as to the size, weight and type of equipment.
(3)
Designation of routes upon which materials may be transported.
(4)
Designation of the place, manner and routes of disposal of excavated
material.
(5)
Requirements for the storage of equipment and materials.
(6)
Requirements as to the control of dust, the cleaning of streets,
the prevention of noise and all other conduct injurious to the neighborhood,
the general public or any portion thereof.
(7)
Regulations as to the use of streets in the course of the work
in the Borough.
(8)
Regulations as to the use of a mechanical device for the breaking
of pavement, such as a hydra-hammer or headache ball, which will be
permitted only with special written permission from the Zoning Officer
and/or the Borough Manager.
(9)
Requirements that the building permitted area be completely
fenced in, with a designated point of ingress and egress, and with
such fencing to be of sufficient height and transparency so as to
protect public health, welfare and safety.
A.
It shall be unlawful to use or occupy or permit the use or occupancy
of any building or lot or part thereof hereinafter erected, connected
or wholly or partly altered or enlarged in its size or structure until
an occupancy permit has been issued therefor by the Zoning Officer.
Said occupancy permit shall state that the proposed use of the building
or land conforms to the requirements of this chapter.
B.
No nonconforming use shall be changed or extended until an occupancy
permit has been issued by the Zoning Officer therefor.
C.
Occupancy permits shall be applied for coincident with the application
for a building permit and shall be issued within five working days
after the erection or alteration has been completed and inspected
by the Zoning Officer and approved by said the Zoning Officer as complying
with the provisions of this chapter.
D.
Application for occupancy permits for a new or changed use of land
where no building permit is required shall be made directly to the
office of the Zoning Officer. Occupancy permits to be issued, as well
as written notices stating why an occupancy permit cannot be issued,
shall be given to the applicant no later than 10 days after the application
has been received by the Zoning Officer.
E.
A temporary occupancy permit for owner-occupied development may be
issued by the Zoning Officer for a period not exceeding six months
during alterations as partial occupancy of a building pending its
completion, provided that such temporary permit may require such conditions
and safeguards as will protect the safety of the occupants and the
public.
F.
Failure to obtain an occupancy permit shall be in violation of this chapter and subject to § 330-1702, Enforcement remedies.
G.
The Zoning Officer shall maintain a record of all occupancy permits,
and copies shall be furnished upon request to any person having a
proprietary or tenancy interest in the building or lot affected.
A.
The purpose of a temporary use permit is to ensure compatibility
of the temporary use with surrounding lots.
B.
A temporary use permit application is available from the Zoning Officer.
C.
Areas to be reviewed as part of the permit process may include but
not be limited to traffic circulation, parking, public conveniences,
signs and any other special operating characteristics.
