[Ord. No. OR:09/01 § 28-1201]
A. Enforcement. This chapter shall be enforced by the Zoning Officer
of the Borough of Watchung, except where the Borough Engineer may
be authorized to enforce any of the provisions of this chapter. The
Zoning Officer may institute the appropriate action or proceedings
to prevent unlawful construction, alteration, repair, conversion,
maintenance, occupancy, or use of land, buildings, or structures in
the Borough in order to correct or abate any violation of this chapter.
B. Inspections. All buildings, structures and land situated within the
Borough shall be subject to inspection by the Zoning Officer where
there is reasonable basis for believing that a violation of this chapter
exists. At the time of such inspection, all rooms in a building or
structure and all parts of the premises shall be made available to
the Zoning Officer and the owner, operator or occupant shall be required
to make the necessary arrangements to facilitate such inspections.
The Zoning Officer may apply to the Municipal Judge of the Borough
of Watchung or to a Judge of the Superior Court of the State of New
Jersey for a search warrant and/or access warrant to permit the inspection
of any premises, building or structure.
C. Zoning Permits. Zoning permits shall be secured from the Zoning Officer
prior to the construction, erection or alteration of any building
or part thereof, or any stationary sign, unless exempt from the provisions
of this chapter. An application form may be obtained at the administrative
offices of the Borough. All applications shall be accompanied by a
statement indicating the existing or proposed use of the premises
and plans or drawings for existing or proposed buildings or structures
showing their location on the land and proximity to road right-of-way
lines and property lines, or other information as determined by the
Zoning Officer to be necessary in order to issue a permit.
D. Certificate of Occupancy. No building shall hereafter be occupied,
erected or altered under a zoning permit shall be occupied or used
in whole or in part for any use or purpose whatsoever and no change
in use shall hereafter be made with respect to buildings, structures
or land until a certificate of occupancy shall be issued by the Zoning
Officer indicating that the use of the premises is in compliance with
this chapter. With respect to any nonresidential use, any change in
tenancy or nature of occupancy shall require the issuance of a certificate
of occupancy, except that an affordable housing unit shall also require
the issuance of a certificate of occupancy for any change in occupancy.
Certificates of occupancy shall be issued within ten (10) days from
the date of a written application for said certificate.
[Ord. No. OR:09/01 § 28-1202]
A. Fines.
1. Any violation of any provision of this chapter shall be liable to the penalty as stated in Chapter
1, Subsection
1-5.1. The following individuals shall be subject to potential punishment:
a.
The owner, general agent, contractor or occupant of a building,
premises or part thereof where such a violation has been committed
or does exist.
b.
Any agent, contractor, architect, engineer, builder, corporation
or other person who commits, takes part or assists in the violation.
2. Each day that a violation continues shall constitute a separate offense.
3. The imposition of penalties herein shall not preclude the Borough
or any other person from instituting an action to prevent an unlawful
construction, reconstruction, alteration, repair, conversion, or use
or to restrain, correct or abate a violation, or to prevent the illegal
occupancy of a building, land or premises.
B. Injunctive Relief. In addition to the foregoing, the Borough may
institute and maintain a civil action for injunctive relief.
[Ord. No. OR:09/01 § 28-1203]
This chapter amends and replaces in their entirety the following
chapters of the 1972 Code of the Borough of Watchung: "Chapter 75,
Fences and Walls," "Chapter 119 Subdivision of Land and Site Plan
Review," and "Chapter 138 Zoning," and "Chapter 19, Land Use Procedures"
of the 2003 Revised General Ordinances of the Borough of Watchung,
all of which are hereby repealed in their entirety. Any and all remaining
sections of the Code of the Borough of Watchung that contain provisions
contrary to or inconsistent with the provisions of this chapter, are
hereby repealed to the extent of such inconsistency only.
[Ord. No. OR:09/01 § 28-1204]
If any section, paragraph, subsection, clause or provision of
this chapter shall be adjudged by the courts to be invalid, such adjudication
shall apply only to the section, paragraph, subsection, clause or
provision so adjudged and the remainder of this chapter shall be deemed
valid and effective.