A. 
Zoning Officer. The provisions of this chapter shall be administered by the Building Inspector of the Borough of Barrington and/or by such other persons as may be designated by the Council as the Zoning Officer and Assistant Zoning Officers for this purpose.
B. 
Duties. The duties of the Zoning Officer shall be to:
(1) 
Examine all applications for permits.
(2) 
Issue permits only for construction and uses which are in accordance with the regulations of this chapter and any subsequent amendment.
(3) 
Record and file all applications for permits and accompanying plans and documents and keep them for public record.
(4) 
Issue permits for uses by special permit only after such uses and building have been approved by the Planning Board in accordance with the regulations of this chapter.
(5) 
Inspect nonconforming uses, buildings and lots, to issue certificates of occupancy for them and to keep a filed record of such nonconforming uses and buildings as a public record and to review them periodically, with the view of eliminating such nonconforming uses under existing laws and regulations.
(6) 
Upon the request of the Planning Board or the Planning Board, present to such body facts, records and any similar information on the specific requests to assist such body in reaching its decision.
(7) 
Be responsible for the keeping up-to-date of this chapter and the Zoning Map, filed with the Borough Clerk, and to include any amendments thereto.
C. 
Appeals. Any appeal from the decision of the Zoning Officer shall be made directly to the Planning Board.
This chapter shall be enforced by the Zoning Officer of the Borough of Barrington. No permit of any kind provided for in this chapter shall be granted by him for any purpose except in compliance with the provisions of this chapter, or a decision of the Planning Board or the courts.
A. 
Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Officer. He shall make a proper record of such complaint, investigate immediately and take action thereon as provided by this chapter.
B. 
Whenever the Zoning Officer has determined that a violation of any of the provisions of this chapter exists, he shall forthwith notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of the illegal use of land, buildings or structures or of additions, alterations or structural changes thereto or discontinuance of any illegal work being done or shall take any other action authorized by this chapter to ensure compliance with or prevent violation of its provisions.
C. 
Whenever a violation of this chapter shall continue for a period of 10 days following written notification by the Zoning Officer as aforesaid, the Zoning Officer shall forthwith file a written complaint setting forth said violations in the Municipal Court of the Borough of Barrington; provided, however, that if an appeal has been taken under § 360-40C hereof to the Planning Board, then the filing of a complaint and all proceedings pursuant thereto shall be stayed pending the final decision of the Planning Board on said appeal.
A. 
Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to a penalty as provided in Chapter 1, General Provisions, Article I, and in addition, shall pay all costs and expenses involved in the case.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
The owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenants of the entire building or part of building, and the architect, engineer, builder or any other person who knowingly commits, takes part in, assists in or maintains any such violation may be found guilty of a separate offense and suffer penalties as herein provided.
C. 
Nothing herein shall prevent the Borough from taking such other action as is necessary to prevent or remedy any violation.
A. 
A zoning permit shall be required prior to the erection, construction or alteration of any building or structure, or any portion thereof. A nonrefundable application fee established by the Borough Council pursuant to § 360-47A shall be required on all zoning permits.
[Amended 5-11-1999 by Ord. No. 724; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Application for permits shall be made in writing to the Zoning Officer designated by the Council and shall contain all information necessary for such Officer to ascertain whether the proposed erection, construction, alteration or use complies with the provisions of this chapter.
C. 
Such permits shall be granted or refused within 10 days from date of application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
No zoning permit shall be issued which is not in conformity with the regulations of this chapter, except after written order from the Planning Board or the courts.
E. 
Plans.
(1) 
All applications for a zoning permit shall be accompanied by plans in duplicate, drawn to scale, and showing the following:
(a) 
The actual dimensions and shape of the lot to be built upon.
(b) 
The exact size and location on the lot of any existing buildings or other structures and the location and dimensions of buildings and other structures proposed to be constructed or altered.
(c) 
Existing and proposed uses, showing the number of families the building is designed to accommodate.
(d) 
Any other lawful information that may be required by the Zoning Officer.
(2) 
One copy of the plans shall be returned to the applicant by the Officer after he shall have marked such copy either "approved" or "disapproved" and attested to same by his signature. The second copy of the plans, similarly marked, shall be retained and filed by the Zoning Officer.
F. 
Any permit issued by the Zoning Officer pursuant to this article shall expire and become null and void six months after the issuance of said permit, unless the erection, construction or alteration for which said permit has been issued has been commenced prior to the expiration of said six-month period.
A. 
A certificate of occupancy shall be required prior to the occupation of a new use or change of use of land and for any nonresidential buildings or structures.
B. 
Application for a certificate of occupancy shall be made in writing to the Zoning Officer designated by the Council.
(1) 
When the use of premises involves a new building or structure or alterations to an existing building or structure, such application shall be made at the time application for a zoning permit is made.
(2) 
When no construction or alteration is involved in any nonresidential use, an application to occupy and use land may be made at any time. The application shall contain all information necessary for the Zoning Officer to determine whether the proposed occupation and use of land conform to the provisions of this chapter.
C. 
Certificates of occupancy shall be granted or refused within 15 days after the Zoning Officer has been notified of the completion of construction or within 15 days of the application to occupy and use land.
D. 
No certificate of occupancy shall be issued which is not in conformity with the regulations of this chapter, except after written order from the Planning Board or the courts.[1]
[1]
Editor's Note: Original § 128-49, Sign permits, of the 1982 Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The Borough Council shall establish a schedule of fees, charges and expenses, as well as a collection procedure, for zoning permits, certificates of occupancy, special permits, sign permits, variances and other matters pertaining to this chapter.
B. 
Said schedule of fees shall be posted in the office of the Zoning Officer, shall be appended to this chapter[1] and shall be altered only by amendment to this chapter by Borough Council.
[1]
Editor's Note: Said schedule is posted in the office of the Zoning Officer.
C. 
Permits and variances shall be issued only after fees have been paid in full, and the Planning Board shall take no action on appeals until preliminary charges have been paid in full.
D. 
In addition to the application fee, a consulting escrow fee in the amount established by the Borough Council pursuant to § 360-47A shall be paid by the applicant. The consulting escrow fee shall be an escrow account established to pay the fees of any professional personnel employed by the Borough to process, review, inspect and make recommendations concerning the subject application. If, at any time, the escrow fee shall be insufficient to cover the actual or anticipated expenses, said escrow fund shall be subject to an increase in such reasonable amounts as the reviewing board shall require to cover anticipated professional fees. Such additional fees shall be paid within seven days of receipt of written notification thereof by the reviewing board's Secretary. If the reviewing board should deny the application or the applicant shall withdraw his application, any excess funds in the escrow account shall be returned to the applicant upon his request in writing following the receipt of final bills for professional fees.
[Added 11-10-1981 by Ord. No. 425; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E. 
The application fee for a zoning permit under this chapter shall be waived for applications to maintain a handicapped ramp on a residential property within the Borough of Barrington.
[Added 1-19-2006 by Ord. No. 830; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
The regulations, restrictions and boundaries set forth in this chapter may, from time to time, be amended, supplemented, changed or repealed through amendment by the Borough Council.
B. 
Procedure for amendment. The following requirements shall be observed in making any amendments to this chapter:
(1) 
Proposed amendments, supplements or changes, or a proposal to repeal this chapter or part thereof, must be submitted to the Borough Planning Board for its finding before any further public action is taken.
(2) 
The finding of the Planning Board shall be submitted to the Council in the form of a written report recommending or disapproving the proposed action. Failure of the Planning Board to submit such report within 35 days shall constitute an approval by the Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
No action may be taken to amend, supplement, change or repeal this chapter until after a public hearing in relation thereto has been held, at which parties in interest and citizens shall have opportunity to be heard.
(4) 
At least 10 days' notice of the time and place of such hearing and a description of the general nature of the proposed action shall be published in a newspaper of general circulation in the Borough. Notice shall also be mailed to any civic association or association of residents in the Borough which shall have registered its name and address for this purpose with the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Protest against amendment. A protest against any proposed amendment or revision of the Zoning Ordinance may be filed with the Borough Clerk, signed by the owners of 20% or more of the area either: (1) of the lots or land included in such proposed change; or (2) of the lots or land extending 200 feet in all directions therefrom inclusive of street space, whether within or without the Borough; amendment shall not become effective except by the favorable vote of 2/3 of all the members of the Borough Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]