[1991 Code § 233-41; Ord. No. 19-1994; Ord. No. 2000-29]
A. 
The Zoning Officer shall administer and enforce the provisions of this chapter. If the Zoning Officer shall find that any of the provisions of this chapter are being violated, he shall notify, in writing, the person responsible for such violations, indicating the nature of the violation, and order the action necessary to correct it; or he shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
B. 
The Zoning Officer shall administer the zoning permits and make zoning decisions related with the Planning Board, as set forth in this Article.
[1991 Code § 233-42; Ord. No. 2000-29; Ord. No. 2004-31; Ord. No. 2022-02, 2-22-2022; Ord. No. 2025-10, 7-21-2025; Ord. No. 2025-19, 12-15-2025]
A. 
No building or structure in any district shall be erected, enlarged or altered, nor may land be used or improved, unless and until a zoning permit has been duly issued by the Zoning Officer. No zoning permit shall be issued by the Zoning Officer except in conformity with the provisions of this chapter, unless he receives a written order from the Planning Board.
B. 
The fee for a zoning permit application shall be $50.
[1991 Code § 233-43; Ord. No. 2025-10, 7-21-2025]
All applications for zoning permits and supporting documentation thereto shall be made in duplicate and accompanied by plans in duplicate, drawn to scale, showing the following:
A. 
An accurate survey, at the scale of the Borough's Tax Maps, showing shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected or of the lot on which it is situated if an existing building. Such survey shall be prepared and sealed by a land surveyor licensed by the State of New Jersey.
B. 
The block and lot numbers as they appear on the Official Borough Tax Map.
C. 
The exact size and location on the lot of the proposed building or buildings or alteration of an existing building, and of other existing buildings on the same lot.
D. 
The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot.
E. 
The existing and intended use of all buildings, existing or proposed, or of land and the number of dwelling units a residential building is designed to accommodate.
F. 
Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed improvements or construction will conform to the provisions of this chapter.
G. 
The location, widths and grades of driveways serving any parking areas or loading areas or docks, together with a description of the proposed means of surfacing and draining such areas.
[1991 Code § 233-44; Ordinance 2000-29; Ord. No. 2025-10, 7-21-2025; Ord. No. 2025-19, 12-15-2025]
A. 
Upon receipt of an application for a zoning permit, the Zoning Officer shall, within 10 business days, determine:
(1) 
Whether such application is in conformity with this chapter and all other ordinances enforced by him.
(2) 
Whether the proposal is subject to site plan review or any other review.
B. 
If it is in compliance with all provisions of this chapter and all other ordinances enforced by the Zoning Officer and no further reviews are required, the Zoning Officer shall issue a zoning permit within the 10-business-day period.
[1991 Code § 233-45; Ord. No. 2000-29; Ord. No. 2025-10, 7-21-2025]
A. 
If a zoning permit is denied or the application is found to require site plan review, the Zoning Officer shall promptly cause to be sent to the applicant, to the address set forth in the application for the permit, a notice of this action, which shall specify, in writing, the ground or grounds upon which the same is based.
B. 
In the case of a denial, the applicant may, within 20 days thereafter, notify the Zoning Officer, in writing, that he appeals from such determination of the Zoning Officer to the Planning Board, and it shall thereupon be the duty of the Zoning Officer to deliver the plans, specifications, application for permit, certificate of use or intended use of such buildings or proposed building and a copy of his notification to his agent that such building or use is a nonconforming building or use, or both, together with any other papers or information in his possession, to the Planning Board, and the Planning Board shall, within 30 days thereafter and upon five days' notice, in writing, to the owner or his agent, review the determination of the Zoning Officer. The Board shall either affirm the determination of the Zoning Officer, reverse the same or issue a variance from the provisions of this chapter not complied with.
C. 
In the case where site plan review by the Planning Board is required, the Zoning Officer shall so notify the applicant, who shall then, if he wishes to proceed with the application, comply with the application requirements for site plan review hereinafter provided for.
[1991 Code § 233-46]
Zoning permits shall be issued separately for each lot. Such permits shall be issued only if water and sanitary sewers adequate to serve the proposed building as specified in all applicable Borough codes and ordinances are available and if the building has direct access to an improved existing street.
[1991 Code § 233-47; Ord. No. 2000-29; Ord. No. 2025-10, 7-21-2025]
A. 
If at any time it shall appear to the Zoning Officer that the application or any accompanying plan is in any respect false or misleading or that work is being done upon the premises differing materially from that called for in the application filed with him under existing laws or ordinances, he may forthwith revoke the zoning permit in accordance with due process of law, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to the Zoning Officer. After the permit has been revoked, the Zoning Officer may, in his discretion, before issuing a new permit, require the applicant to file an indemnity bond in favor of the Borough with sufficient surety conditioned for compliance with this chapter and all laws and ordinances then in force and in a sum sufficient to cover the cost of removing the structure if it does not comply.
B. 
The Zoning Officer shall maintain files of all applications for zoning permits and plans submitted therewith and for certificates of occupancy issued by him, which files and records shall be open to public inspection during regular business hours at the Municipal Building, 156 Bank Street, Hightstown, New Jersey 08520.
[1991 Code § 233-48; Ord. No. 2000-29]
A certificate of occupancy shall be deemed to authorize and shall be required for continued occupancy and use of the building or land to which it applies.
A. 
Required. Until a certificate of occupancy shall have been applied for and issued by the Housing Officer, the following shall be unlawful:
(1) 
Occupancy and use of a building or part thereof hereafter erected, structurally altered or moved or any change in the use of an existing building or any change in occupancy by a commercial tenant of an existing building.
(2) 
Occupancy, use or any change in the use of any land.
B. 
Application requirements. Application for a certificate of occupancy shall be made on a form furnished by the Housing Officer for a new building or for an existing building which has been altered and shall be made after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter and other relevant Borough ordinances. Pending the issuance of such a certificate, a temporary certificate of occupancy may be issued by the Housing Officer for a period not to exceed 90 days during the completion of any alterations that are required under the provisions of any law or ordinance or for a part of a partially completed building. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owner or of the Borough respective to the use or occupancy of the land or building or any other matter covered by this chapter. Such temporary certificate shall not be issued except under such restrictions and provisions as shall adequately assure the safety of the occupants of the building and of the adjacent buildings and land, and shall not be issued unless the building conforms with the following:
(1) 
Facilities. Every unit shall contain a toilet and lavatory or one shall be available in the same building. Every restroom facility shall have a window or mechanical ventilation. Every lavatory or sink shall be connected to a potable water supply which includes both hot and cold running water. Hot water will be at least 120° and not to exceed 160°. Each fixture shall be connected to a sanitary sewer outlet.
(2) 
Water supply. Every unit shall be provided with a safe supply of potable water or shall have access to a water supply in the same building.
(3) 
Heating. Every unit except those being used for warehousing or general storage shall have a heating system which is installed and maintained in good and safe working condition. Each heating unit will be certified by either Public Service or a private contractor annually. Each heating unit shall be capable of maintaining 68° when outside temperature is 0° F. Units used for warehousing do not have to conform to the heating requirement.
(4) 
Lighting. Every unit shall be provided with an electrical service. Every room shall contain adequate ceiling lights, switches or electrical outlets to service the immediate area. Extension cords may only be used to run directly from a portable fixture to a convenience outlet and will not be permitted to pass through doorways, transoms, or other openings in structural elements. Every portion of each staircase, landing and hallway shall be lit by either natural or artificial lighting at all times that this portion of the building is occupied. The illumination shall be at least three lumens per square foot and controlled by a wall switch.
(5) 
Ventilation. Every room shall be provided with adequate ventilation which may be supplied by windows or mechanical means. Every room containing a toilet shall have ventilation that terminates at an exterior opening which is not within four feet of either a window or door.
(6) 
Egress. Every unit shall have a safe and unobstructed means of egress directly to the outside. This means of egress must lead to a safe and open space at ground level and shall not pass through another tenant space.
(7) 
Maintenance. Every foundation, floor, wall, ceiling, door, window, roof or other part of a building shall be maintained in good repair and shall be capable of the use intended for the occupant. Every exterior must be maintained in a manner such as to prevent deterioration or corrosion of part. The exterior shall be kept well painted and masonry finishes shall have no cracks large enough to permit penetration of the elements to the unfinished structural members.
C. 
Issuance.
(1) 
Upon written request by the owner, the Housing Officer shall, after inspection, issue a certificate of occupancy for any building or use thereof or of land, provided that such building or use of land conforms to the provisions of this chapter and all other relevant codes and ordinances. Every certificate of occupancy shall state that the building or proposed use of a building or land is in compliance with such laws, the provisions of this chapter and all other Borough ordinances.
(2) 
If the proposed use is found to be in compliance, the Housing Officer shall issue, within 30 days after receipt of a written application therefor, a certificate of occupancy. If rejected, it shall state specifically wherein the use does not conform.
(3) 
In the case of a change of use of a nonconforming use, such certificate shall be issued within 30 days after action by the Planning Board authorizing such change. However, in neither case shall a failure to receive written notice within 30 days be deemed as acceptance.
(4) 
No certificate of occupancy shall be issued for any use of a building or of land allowed by action of the Planning Board unless and until such action has been duly taken by the Board. Every certificate of occupancy for which a variance or other form of permission has been granted shall contain a detailed statement of such variance or permission and of any conditions to which the same is subject. In addition, no certificate of occupancy shall be issued unless the building or structure is also in conformity with this and all other Borough codes.
D. 
Fees.
(1) 
Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by a fee of $50.
(2) 
Copies of such certificate shall be made available upon payment of a fee as prescribed by § 2-55-2 of the Borough Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
E. 
Records. A record of all certificates of occupancy shall be kept in the office of the Housing Officer. One copy shall be furnished to the Assessor and, on request, to any agency of the Borough or to any persons having a proprietary or tenancy interest in the building or land affected.