[Ord. No. 97-01 § 44; Ord. No. 2009-04]
It shall be unlawful for any persons, corporate or agent to
construct, move, alter or change the use of any building or portion
of a building or use any land without first applying for a permit.
Application shall be made by completing an Application for a Zoning
Permit and submitting a fee in the amount of $25 for residential property
and $50 for commercial property.
The provisions of this chapter shall be administered and enforced
by the Zoning Officer of the municipality. In no case shall a permit
be granted for the construction or alteration of any building where
the proposed construction, alteration or use thereof would be in violation
of any provision of this chapter. It shall be the duty of the Zoning
Officer or his duly authorized assistants to cause any building, plans
or premises to be inspected or examined and to order, in writing,
the remedying of any conditions found to exist in violation of any
provision of this chapter and he shall have the right to enter any
building or premises during the daytime in the course of his duties.
[Ord. No. 97-01 § 45]
Applications for building permits shall be made in the manner
prescribed in the Building Code.
[Ord. No. 97-01 § 46]
No building shall be used or changed in use until a Certificate
of Compliance shall have been issued by the Zoning Officer stating
that the building or the proposed use thereof complies with the provisions
of this chapter. The Certificate of Compliance shall be a prior requirement
for the issuance of a Certificate of Occupancy by the Construction
Official.
[Ord. No. 97-01 § 47]
A Certificate of Compliance, either for the whole or a part
of a building, shall be applied for by the owner or his authorized
agent coincident with the application for a building permit and shall
be issued within 10 days after the erection or structural alteration
of such building, or part, shall have been completed in conformity
with the provisions of this chapter.
[Ord. No. 97-01 § 46.2]
a.
No building or dwelling shall be deemed habitable nor shall a Certificate
of Compliance for any lot within an approved site plan or major subdivision
be issued until the Borough Engineer certifies that the following
improvements are installed, as shown on the approved final site plan
or final plat and accompanying supplementary documentation and specifications,
in that section of the subdivision for which final approval has been
granted as the improvements relate to the health, welfare, and safety
of the occupants of the site, structure or building for which the
certificate is sought. The following improvements are deemed minimal
for the purpose of granting a Certificate of Compliance:
1.
Grading. All grading, as indicated on the approved site plan or subdivision
plan and all appropriate street rights-of-way shall be graded and
maintained, including required plantings.
2.
Utilities. All utilities including but not limited to water, gas,
storm drains, sanitary sewers, electric lines and telephone lines
shall be installed, and approved.
3.
Curbing. Curbing along all streets and as indicated on any approved
site plan shall be installed as approved.
4.
Sidewalks. Sidewalks shall be installed as approved.
5.
Street Base. Bituminous concrete stabilized base course for all streets
shall be installed.
6.
Roadway Obstructions. All exposed obstructions in the roadway such
as manhole castings, water and gas boxes and the like shall be protected
by building to the top of the obstruction with bituminous concrete
as approved by the Borough Engineer.
7.
With regard to site plans, all site improvements as indicated on
the approved plan and in the approving resolution must be completed.
8.
All conditions of any approving resolutions must be complied with.
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The owner or subdivider shall have the right to make application,
in writing, to the Borough Council for issuance of a Certificate of
Compliance if one (1) or more of the aforesaid items is incomplete.
The Borough Council may, at its discretion, allow the owner or subdivider
an opportunity to be heard. The Borough Engineer shall, within five
(5) days of receipt of the request of the Council, report his findings
in respect to the application of the owner or subdivider for a Certificate
of Compliance to the Borough Council.
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In the event the Borough Council approves the issuance of a
Certificate of Compliance without the installation of all required
improvements, pursuant to the application of the owner or subdivider,
the Construction Code Official and the Borough Engineer shall be so
notified. This procedure shall be applicable only to improvements
required to the site or property in accordance with the plans approved
by the Planning Board and shall not apply to conditions which are
required by the Uniform Construction Code. No Certificate of Compliance
shall be authorized for a structure which is not in compliance with
the Uniform Construction Code.
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All lots and parcels of land within a subdivision, whether to
be conveyed to private ownership or to the Borough as park, open space,
or right-of-way, shall be stabilized to prevent erosion and silting
of streams in accordance with the requirements of the Freehold Soil
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Conservation District prior to the issuance of a Certificate
of Occupancy.
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No Certificate of Occupancy shall be issued until the land,
use, building, structure or premises fully comply with all the provisions
of this section, all other Borough and State requirements and, if
involved, with such conditions as have been required for any site
plan approval. When issued, the Certificate of Occupancy shall state
such compliance.
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[Ord. No. 97-01 § 46.3]
In case the Zoning Officer shall decline to issue a Certificate
of Compliance, his reasons for doing so shall be stated on a copy
of the application and that copy returned to the applicant.
[Ord. No. 97-01 § 46.4]
Even though a Certificate of Compliance shall have been issued
to any owner or authorized agent, he shall be held responsible for
any violation of this chapter on the subject premises. A record of
all Certificates shall be kept on file by the Zoning Officer and copies
shall be furnished to any person having an ownership interest in the
building affected or to the authorized agent of such owner.
[Ord. No. 97-01 § 46.5]
No Certificate of Compliance shall be required for any building
legally existing at the time of the enactment of this chapter, except
where the character or use of occupancy is changed.
[Ord. No. 97-01 § 46.6]
A temporary Certificate of Compliance may be issued if the Zoning
Officer determines that the building and site work is sufficiently
completed to insure the safety and health of the occupants. A temporary
Certificate of Compliance shall not be in force for more than six
(6) months and cannot be renewed.
[Ord. No. 97-01 § 46.7]
On the serving of notice of any violation of any of the provisions
or requirements with respect to any building or use thereof or of
land, as specified in this chapter, the Certificate of Compliance
for such use shall thereupon, without further action, be null and
void, and shall be reinstated upon satisfactory compliance with this
chapter.
