These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the borough. Any action taken by the borough under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. Moreover, if an applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the appropriate municipal agency may permit such exception or exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
A. 
It shall be the duty of the Zoning Officer and the Construction Official of the borough to administer and enforce the provisions of this chapter. A zoning permit, signed by the Zoning Officer, shall be required prior to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building which permit certifies such use, structure or building complies with the provisions of Borough Ordinances. Upon issue of a zoning permit an applicant may apply to the Construction Official for a construction permit. It shall be the duty of the Construction Official and the Zoning Officer, respectively, to keep a record of all applications, zoning permits and construction permits which are either issued or denied, with notations of any conditions involved, which data shall form a part of the borough public records. A monthly report of construction permits issued shall be filed with the Tax Assessor. Furthermore, it shall be the duty of the Zoning Officer to inspect the structures and land in the borough and order the owner, occupant or other responsible party, in writing, to remedy any condition found to exist in violation of any provision of this chapter. Such person(s) shall have 30 days within which time to respond, in writing, to the purported violations and indicate remedies to be taken.
[Amended 10-20-99 by Ord. No. 19-1999]
B. 
Construction permits. Every application for a construction permit shall be accompanied by three sets of plans drawn in ink or a blueprint showing the actual shape and dimensions of the lot to be built upon, the exact location, size and height of all existing and proposed structures and substructures, all existing easements, the existing or intended use of each structure, the number of dwelling units the structure is designed to accommodate, the number and location of off-street parking spaces and off-street loading areas and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. A construction permit shall be granted or denied within 10 days from the date of a complete application unless additional time is agreed upon in writing by the applicant. One copy of such plans shall be returned to the owner when such plans shall have been approved or denied by the Construction Official together with such permit as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey of the lot by a licensed land surveyor in the State of New Jersey. The lot and the location of the structure or structures thereon shall be staked out on the grounds before construction is started. No construction permit shall be issued for any structure until prior site plan, subdivision and variance approvals as may be necessary have been granted by the appropriate municipal agency or municipal agencies in accordance with the provisions of this chapter.
C. 
Certificates of occupancy.
(1) 
It shall be unlawful to use or permit the use of any structure or part or parts thereof, either occupied by a new use or hereafter erected, altered, converted or enlarged wholly or in part, until a certificate of occupancy shall have been issued by the Construction Official. It shall be the duty of the Construction Official to issue a certificate of occupancy only when he is satisfied that the structure or part or parts thereof and the proposed use conform to this chapter and all other applicable codes and ordinances of the borough.
(2) 
A certificate of occupancy shall be granted or denied in writing within 20 days from the date that a written notification is filed with the Construction Official that the erection of the structure is completed, unless additional time is agreed upon by the applicant in writing.
(3) 
A temporary certificate of occupancy may be issued for any structure or use for which site plan approval has been granted although not all conditions of said approval have been complied with. Such temporary certificate of occupancy shall be issued only in extenuating circumstances and only with the approval of the Planning Board which may establish specific terms and conditions.
(4) 
Should the Construction Official decline to issue a certificate of occupancy, his reason for doing so shall be so stated on two copies of the application, and one copy shall be returned to the applicant.
(5) 
Upon notice being served of any condition found to exist in violation of any provision or provisions of this chapter with respect to any land use, the certificate of occupancy for such use shall thereupon, without further notice, be null and void, and a new certificate of occupancy shall be required for any further use of such structure or land.
(6) 
A monthly report of the certificate of occupancy shall be filed with the Tax Assessor. A record of all certificates of occupancy shall be kept in the office of the Construction Official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the structure or land affected. The charge for each copy shall be established by resolution of the governing body, except that there shall be no charge to a municipal agency.
In case any building or structure is erected, constructed, reconstructed, altered, moved or converted or any building, structure or land is used in violation of or contrary to the provisions of this chapter, the borough may institute an action to enjoin or any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion or use. However, nothing in this chapter shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
A. 
Fines.
(1) 
Any person, firm or corporation that shall violate any provisions of this chapter shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be fined such sum not exceeding $500, as such court in its discretion may impose; or, if the party so convicted is a natural person, such person may be imprisoned for such term not exceeding 90 days, as such court in its discretion may impose, or be fined a sum not exceeding $500, as such court in its discretion may impose: or such natural person may be both imprisoned and fined not exceeding the maximum limits set forth herein, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.
(2) 
The owner of any building or structure, lot or land, or part thereof, and/or the tenant or occupant of any building or structure, lot or land, or part thereof, where anything in violation of this chapter shall be placed or shall exist or be suffered, allowed or permitted to exist, and any architect, builder, developer, contractor, agent, person or corporation engaged in connection therewith and who assists in the commission of any such violation, shall each be guilty of a separate violation and, upon conviction thereof, shall each be liable to the fine or imprisonment, or both, specified above.
B. 
Selling land before final subdivision approval.
(1) 
If, before final subdivision approval has been granted, any person, as owner or agent, transfers or sells or agrees to transfer or sell any land which forms a part of a subdivision for which municipal approval is required in accordance with the provisions of this chapter, except pursuant to an agreement expressly conditioned on final subdivision approval, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
(2) 
In addition to the foregoing, the borough may institute and maintain a civil action:
(a) 
For injunctive relief.
(b) 
To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
(3) 
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors, to secure the return of any deposit made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land, or within six years if unrecorded.