[1]
Editor's Note: Original Art. XII of Ch. 128, Zoning, of the 1966 Code, which provided for the establishment, membership, powers and duties of the Zoning Board of Adjustment, was repealed 1-31-1977 by Ord. No. 77-656. For current provisions relating to the Board of Adjustment, see Ch. 65, Land Use Procedures.
[Amended 4-12-1988 by Ord. No. 88-861]
The Borough Council shall designate the public officer, who shall serve for a term of one year, to administer and enforce the provisions of this chapter of the Montvale Code. The public officer may be the Building Code or Subcode Official or be known as the "Zoning Officer"; provided, however, that the within shall not limit the power of other enforcement officers of the municipality from citing violations of Chapter 400, Zoning, of the Montvale Code.
[Added 5-13-1997 by Ord. No. 97-1055]
A.
Site work permit
required.
(1)
No
site work shall be performed, including but not limited to demolition
or site clearance, until a site work permit is issued.
(2)
Upon
the Montvale Planning Board approving any development or when the
Borough Engineer approves minor site alterations, the developer or
his authorized agent or representative shall make written request
to and obtain from the Building Department a site work permit. The
developer or his authorized agent or representative shall also provide
a copy of the same to the Borough Engineer.
B.
SITE WORK
Definitions.
As used in this section, the following terms shall have the meaning
indicated:
Refers to work on a site that includes demolition, clearing,
excavation, filling, soil moving, paving, drainage and any other site
work not covered by a building permit.
C.
Issuance of site work permit.
Upon receipt of the site work permit fee, the Building Department
shall issue a site work permit.
D.
Site work permit fee. Every individual
or entity seeking a site work permit shall pay a nonrefundable fee
of $50 to the Building Department. This fee shall be delivered at
the time application is made for a permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Enforcement. This chapter shall
be enforced by the Construction Code Official, Zoning Officer, Borough
Engineer or Police Department of the Borough of Montvale.
Any valid and legally subsisting nonconforming
use or structure existing at the time of the passage of this chapter
may be continued upon the lot or in the building so occupied, and
any such structure may be restored or repaired in the event of partial
destruction of less than 50% thereof; the Borough of Montvale reserving,
however, all its rights and remedies with respect to nonconforming
uses as provided in the New Jersey Revised Statutes. It is the express
intent of this chapter that no uses existing in violation of previous
ordinances, and the amendments, supplements and codifications thereto,
shall become valid nonconforming uses or structures by the adoption
of this chapter.
A.
For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or land where such violation has been committed or shall exist and the lessee or tenant of an entire building or land where such violation has been committed or shall exist and the owner, general agent, contractor, lessee or tenant of any part of a building or land in which part of such violation has been committed or shall exist and the general agent, architect, builder, contractor or any other person who commits, takes part or assists in such violation or who maintains any building or land in which any such violation shall exist shall, for each and every violation and for each and every day that such violation continues, be subject to the penalties provided in Article I, General Penalty, of Chapter 1.
[Amended 2-27-2007 by Ord. No. 2007-1262]
B.
The Magistrate
before whom the conviction is had shall fix the amount of said penalty
not in excess of the maximum herein provided.
