A.
The Building Inspector is hereby given the duty, power
and authority to enforce the provisions of this chapter. He shall
examine all applications for permits, issue permits for the construction,
alteration, enlargement and occupancy of all uses which are in accordance
with the requirements of this chapter and all nonconforming uses existing
at the time of passage of this chapter. The Building Inspector shall
also record and file all applications for permits with accompanying
plans and documents and make such reports to the Board of Adjustment,
Planning Board and governing body as may be required.
A.
Purpose. To ensure compliance with the provisions
of this chapter, no person shall erect, alter or convert any structure
or building or part thereof, nor alter the use of any land, subsequent
to the adoption of this chapter, until a building permit has been
issued by the Building Inspector.
B.
Application for permits. All such applications shall
be made in a manner prescribed in the Building Code of the Borough
and shall be accompanied by plans in duplicate drawn to scale showing
the location, shape and dimensions of the lot to be built upon, the
size and location of existing and proposed buildings, the lines within
which the proposed buildings are to be erected or altered and the
existing and intended use of each building or part thereof, the height
thereof, the number of dwelling units and square feet of space, the
amount and location of off-street parking and loading and other data
as may be required by ordinance. The applicant shall also give such
other pertinent information respecting the proposed use of property
and any other information as may be necessary to determine the propriety
of the issuance of a building permit or certificate of occupancy.
C.
Issuance of permits.
(1)
It shall be the duty of the Building Inspector to
issue a building permit, provided he is satisfied that the structure,
building sign, parking area and the proposed use conforms with all
requirements of this chapter and that all other reviews and actions,
if any, called for in this chapter and other municipal, county and
state requirements have been complied with and all necessary approvals
secured therefore.
(2)
All building permits shall be issued in duplicate
and one copy shall be kept conspicuously on the premises affected
and protected from the weather whenever construction work is being
performed thereon. No owner, contractor, workman or other person shall
perform any building operations of any kind unless a building permit
covering such operation has been displayed as required by this chapter,
nor shall they perform building operations of any kind after notification
of the revocation of said building permit.
D.
Denial of permits. When the Building Inspector is
not satisfied that the applicant's proposed development will meet
the requirements of this chapter, he shall issue a letter of denial
and shall refuse to issue a building permit and the applicant may
appeal to the Board of Adjustment for a reversal of the Inspector's
decision.
E.
Revocation of permits. If it shall appear, at any
time, to the Building Inspector that the application or accompanying
plan is in any respect false or misleading or that work is being done
upon the premises differing from that called for in the applications
filed with him under existing laws or ordinances, he may forthwith
revoke the building permit, whereupon it shall be the duty of the
person holding the same to surrender it and all copies thereof to
the Building Inspector. After the building permit has been revoked,
the Building Inspector may, in his discretion, before issuing the
new building permit, require the applicant to file an indemnity bond
in favor of the Borough of Fort Lee 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
building or structure if it does not so comply.
A.
For new uses.
(1)
Compliance with zoning ordinance. It shall be unlawful
to use or permit the use of any building or part thereof hereafter
created, erected, changed, converted, altered or enlarged, wholly
or in part until a certificate of occupancy shall have been applied
for and issued by the Inspector. An application for a certificate
of occupancy shall be made in duplicate upon forms provided by the
Inspector. In case the Inspector shall decline to issue a certificate
of occupancy, his reasons for so doing shall be stated in one copy
of the application and that copy returned to the applicant.
(2)
Compliance with other ordinances. A certificate of
occupancy shall not be issued until the Building Inspector receives
written confirmation that all applicable codes and ordinances administered
and enforced by the Borough have been complied with.
(3)
Affidavit of owner. No certificate of occupancy shall
be issued for any premises until there has been filed with the Building
Inspector a duly authorized affidavit executed by the owner or an
officer of any corporate owner and stating as follows:
|
"The undersigned, being the owner or the officer
of the owner of the premises known as Lot _____ in Block _____ on
the Tax Map of the Borough of Fort Lee and also known as ______________________,
hereby certifies that all the improvements constructed on said premises
pursuant to the building permit issued on _________________ have been
completed as of the date of this affidavit and are substantially complete
for the purpose and use for which such improvements were intended."
|
B.
For existing uses.
(1)
Upon written request from the owner, tenant, occupant
or purchaser under contract, the Building Inspector, after inspection,
shall issue an occupancy permit for a use legally existing at the
time this chapter is made effective, certifying the extent and kind
of use and whether any such existing use conforms with the provisions
of this chapter.
(2)
No change or extension of use and no alterations shall
be made in a nonconforming use or premises without an occupancy permit
having first been issued by the Building Inspector stating that such
change, extension or alteration is in conformity with the provisions
of this chapter.
C.
Change of use. No owner, tenant or other person shall
use or occupy any building or structure thereafter erected or altered,
the use of which shall be changed after the passage of this chapter,
without first procuring an occupancy permit, provided that an occupancy
permit once granted shall continue in effect so long as there is no
change of use or other conditions regardless of change in tenancy
or occupancy.
This chapter shall take effect immediately upon
final passage and publication as required by law; provided, however,
that there shall be exempted from the provisions of this chapter any
building or structure which, prior to December 4, 1974, received the
granting of one or more variances by the Board of Adjustment of the
Borough and any proposed building or structure for which, prior to
December 4, 1974, site plan application was made to and escrow moneys
deposited with the Planning Board of the Borough pursuant to Ordinance
No. 73-22.
A.
Complaints of violations. Any person may file a complaint
if there is any reason to believe a violation of this chapter exists.
All such complaints must be in writing and shall be filed with the
Building Inspector who shall properly record such complaint and immediately
investigate.
B.
Procedures for abatement of violations. In case any
building or structure is erected, constructed, reconstructed, altered,
repaired, converted or maintained or any building, structure or land
is used in violation of this chapter or any ordinance or regulation
made under authority conferred hereby, the governing body or, with
its approval, the Building Inspector or other proper official, in
addition to other remedies, may institute any appropriate legal action
of proceedings to prevent such unlawful erection, construction, maintenance
or use, to restrain, correct or abate such violation, to prevent the
occupancy of said building, structure or land or to prevent any illegal
act, conduct, business or use about such premises.
C.
Penalties. Any person, firm or corporation violating
any provision of this chapter shall, upon conviction, be punished
by a fine not to exceed $200 for each offense. Each day that a violation
occurs or is committed shall constitute a separate offense.
Building inspection fees shall be paid at the
office of the Tax Collector upon the filing of an application.
In the interpretation and the application of
the provisions of this chapter, they shall be held to be the minimum
requirements for the promotion of the health, safety, morals and general
welfare. Except as herein provided, it is not intended to interfere
with, abrogate, repeal or annul other rules, regulations or ordinances;
provided, however, that where this chapter imposes greater restrictions
upon the use of buildings or premises or upon the height or bulk of
a building or requires larger open spaces, the provisions of this
chapter shall apply.
All prior zoning ordinances of the Borough of
Fort Lee, including but not limited to Ordinances Nos. 443 and 1069,
together with all amendments and supplements thereto, are hereby superseded
and repealed.
