Construction Official and Administrative Officer. It shall be the duty of the Construction Official and Administrative Officer of the Borough to administer and enforce the provisions of this chapter. No structure shall be erected until a construction permit is obtained from the Construction Official, and no structure or lot shall be used in violation of this chapter. It shall be the duty of the Construction Official to keep a record of all applications and all 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. It shall be the duty of the Construction Officer to inspect the structures and land in the Borough and order the owner, in writing, to remedy any condition found to exist in violation of any provision(s) of this chapter.
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 locations, size and height of all existing and proposed structure(s); the existing or intended use of each structure; the number of dwelling units the structure is designed to accommodate; the number of 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 20 business 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(s) 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.
Certificate of occupancy.
It shall be unlawful to use or permit the use of any structure or part(s) thereof, either occupied by a new use or occupant 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(s) thereof and the proposed use conform to this chapter and all other applicable codes and ordinances of the Borough.
A certificate of occupancy shall be granted or denied in writing within 10 business days of 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.
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.
Upon notice being served of any condition found to exist in violation of any provision(s) 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.
A monthly report of the certificates of occupancy issued 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 resolutions 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 of 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.
The construction official shall investigate any purported violation of performance standards and, if there is reasonable ground for the same, shall notify the Administrative Officer of the occurrence or existence of a probable violation. The Administrative Officer shall investigate the alleged violation. If the Administrative Officer finds that a violation occurred or exists, such violation shall be terminated as provided herein below.
The services of any qualified expert employed by the Administrative Officer to advise in establishing a violation shall be paid by the violator, if said violation is established, (and) otherwise by the Borough.
All violations, as ascertained in accordance with the above, shall be terminated within a reasonable time, as determined by the Administrative Officer. Failure to so terminate by the date fixed by the Administrative Officer shall subject the responsible party to the penalty provisions of this chapter. In addition, the construction official may revoke the occupancy permit of the violator, and the Borough may seek such other relief as may be appropriate. Uses established before the effective date of this chapter and nonconforming as to performance standards shall be given a reasonable time in which to conform, as determined by the Administrative Officer.
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 less than $100 nor more than $1,000 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 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.
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.
Selling land before final subdivision approval.
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 less than $100 nor more than $1,000, and each lot disposition so made may be deemed a separate violation.
In addition to the foregoing, the Borough may institute and maintain a civil action:
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 resale or conveyance of the land, or within six years if unrecorded. Except as hereinafter provided, these regulations shall not be deemed to interfere with, abrogate, annul or otherwise affect in any manner whatsoever any easements, covenants or other agreements between parties. Whenever the provisions of these regulations impose greater restrictions upon the use of land or buildings or upon the height of buildings, or require a larger percentage of lot to be left unoccupied than the provisions of other ordinances, rules, regulations or permits or any easements, covenants or other agreements between parties, the provisions of these regulations shall govern.