A.
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.
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 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.
C.
Certificate of occupancy.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
A.
Violations.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
B.
Penalties.
(1)
Fines.
(a)
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.
(b)
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.
(2)
Selling land before final subdivision approval.
(a)
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.
(b)
In addition to the foregoing, the Borough may
institute and maintain a civil action:
(c)
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.
