It shall be unlawful for any persons, corporation or agent to
construct, move, alter or change the use of any building or portion
of a building or use any land without first applying for a permit.
A.
The provisions of this chapter shall be administered and enforced
by the Administrative Officer of the municipality. In no case shall
a permit be granted for the construction or alteration of any building
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 Zoning Officer or his duly authorized assistants to cause any
building, plans or 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 he shall have the right to enter
any building or premises during the daytime in the course of his duties.
B.
With regard to variance, site plan and subdivision applications,
no permit shall be issued until four (4) copies of the final approved
plot plan, subdivision plan, or site plan are submitted to the Administrative
Officer and signed by the Board Engineer, Board Chairman, and Board
Secretary.
Applications for building permits shall be made in the manner prescribed in the Building Code. No building permit shall be issued until such time as the required number of final approved plans have been submitted and signed in accordance with Section 113-49.
Prior to framing or construction of any above ground portion
of a building, an as-built survey of the foundation location shall
be submitted to and approved by the Construction Official.
No building shall be used or changed in use until a Certificate
of Occupancy shall have been issued by the Construction Code Official
stating that the building, or the proposed use thereof, complies with
the provisions of this chapter.
A Certificate of Occupancy, either for the whole or part of
a building, shall be applied for by the owner or his authorized agent
at the time when final inspections are requested and shall be issued
within ten (10) days after the erection or structural alteration of
such building, or part, if such erection or structural alteration
shall have been completed in conformity with the provisions of this
chapter.
A.
No building or dwelling shall be deemed habitable nor shall a Certificate
of Occupancy for any building or dwelling on a lot within an approved
site plan, subdivision, or single lot residential construction be
issued until the Borough Engineer or Construction Official or designated
Borough Official certifies that the following improvements are installed,
as shown on the approved final site plan, final plat, or final plot
plan, and accompanying supplementary documentation and specifications,
in that section for which final approval has been granted as said
improvements relate to the health, welfare, and safety of the occupants
of the site, structure or building for which the certificate is sought.
In order to confirm compliance as stated above, the Borough Engineer
or Construction Official or designated Borough Official may request,
and the applicant shall provide, an as-built survey of any one (1)
or more of the improvements including but not limited to, the following
improvements which are deemed minimal for the purpose of granting
a Certificate of Occupancy:
(1)
Grading. All grading, as indicated on the approved site plan or subdivision
plan and all appropriate street right-of-ways shall be graded and
maintained, including required plantings.
(2)
Utilities. All utilities, including but not limited to water, gas,
storm drains, sanitary sewers, electric lines and telephone lines
shall be installed and approved.
(3)
Curbing. Curbing along all streets and as indicated on any approved
site plan shall be installed as approved.
(4)
Sidewalks. Sidewalks shall be installed as approved.
(5)
Street base. Bituminous concrete stabilized base course for all streets
shall be installed.
(6)
Roadway obstructions. All exposed obstructions in the roadway such
as manhole castings, water and gas boxes, and the like shall be protected
by building to the top of the obstruction with bituminous concrete
as approved by the Borough Engineer or other designated official.
(7)
With regard to site plans, all site improvements as indicated on
the approved plan and in the approving resolution must be completed.
(8)
All conditions of any approving resolutions must be complied with.
(9)
All constructed improvements, including principal buildings, accessory
structures, paved areas, and public improvements shall be shown on
an "as-built" drawing prepared by a licensed architect, engineer or
surveyor.
B.
The owner or developer shall have the right to make application,
in writing, to the Borough Engineer or other designated official for
issuance of a Certificate of Occupancy if one (1) or more of the aforesaid
items is incomplete. The Borough Engineer or other designated official
shall, within ten (10) days of receipt of the request, report his
findings in respect to the request of the owner or developer for a
Certificate of Occupancy.
In the event the Borough Engineer or other designated official
approves the issuance of a Certificate of Occupancy without the installation
of all required improvements, pursuant to the application of the owner
or developer, the Construction Code Official shall be so notified.
This procedure shall be applicable only to improvements required to
the site or property in accordance with the plans approved by the
Municipal Agency and shall not apply to conditions that are required
by the Uniform Construction Code. No Certificate of Occupancy shall
be authorized for a structure that is not in compliance with the Uniform
Construction Code.
C.
All lots and parcels of land within a subdivision, site plan, or
single lot residential development, whether to be conveyed to private
ownership or to the Borough as park, open space, or right-of-way,
shall be stabilized to prevent erosion and silting of streams prior
to the issuance of a Certificate of Occupancy.
D.
No Certificate of Occupancy shall be issued until the land, use,
buildings, structure or premises fully comply with all the provisions
of this section, all other Borough and State requirements and, if
involved, with such conditions as have been required for any site
plan approval. When issued, the Certificate of Occupancy shall state
such compliance.
In case the Construction Code Official shall decline to issue
a Certificate of Occupancy, his reasons for doing so shall be stated
on a copy of the application and that copy returned to the applicant.
Even though a Certificate of Occupancy shall have been issued
to any owner or authorized agent, he shall be held responsible for
any violation of this chapter on the subject premises. A record of
all certificates shall be kept on file by the Construction Code Official
and copies shall be furnished to any person having an ownership interest
in the building affected or to the authorized agent of such owner.
No Certificate of Occupancy shall be required for any building
legally existing at the time of the enactment of this chapter, except
where the character or use of occupancy is changed.
A temporary Certificate of Occupancy may be issued if the Construction
Code Official and Borough Engineer or other designated official determine
that the building and site work is sufficiently completed to insure
the safety and health of the occupants. A temporary Certificate of
Occupancy shall not be in force for more than six (6) months but may
be renewed as permitted by State Law.
On the serving of notice of any violation of any of the provisions
or requirements with respect to any building 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,
and shall be reinstated upon satisfactory compliance with this chapter.
