In the interpretation and application, the provisions of Article IV shall be held to be the minimum requirements adopted for the promotion of the public health, morals and general welfare; for lessening congestion in the streets; for securing safety from fire, panic and other dangers; for the provisions of adequate light and air; for preventing overcrowding of land or buildings; for the avoidance of undue concentration of population.
This chapter shall be enforced by the Zoning
Enforcement Official who is the designated Town official referred
to hereinbefore and shall be the Construction Official unless there
shall be appointed by the Mayor and Board of Aldermen an individual
other than the Construction Official as the Zoning Enforcement Official,
it shall be the duty of the Zoning Enforcement Official to:
A.
Enforce the zoning ordinances of the Town of Boonton,
issue zoning permits and certify zoning ordinance compliance of the
purposes of issuance of certificates of occupancy as hereinafter provided.
B.
Keep a record of all applications and a record of
all zoning permits issued with a notation of all special conditions
pertaining thereto.
C.
File and safely keep, at the Municipal Office Building,
copies of the applications, zoning permits, plans and specifications,
plot plans, certificates of occupancy and all other documents delivered
to him in his official capacity.
D.
Upon written complaint or for other good reason, inspect
any premises in the borough, at any reasonable time, for the purpose
of ascertaining any violations of this chapter.
E.
Direct the owner, occupant, or any other person charged
with the responsibility for the premises, to comply with the terms
of the within chapter.
A.
No building shall hereafter be erected, constructed,
reconstructed, moved, extended, converted, modified, altered or demolished,
nor shall any land be used for any nonbuilding use controlled by the
within chapter, unless the owner, his agent or contractor shall first
obtain a zoning permit from the Zoning Enforcement Official.
B.
Whenever an application is made to the Zoning Enforcement
Official for a zoning permit for the erection or construction of a
proposed new building or for the addition to an existing building
in any zone for any use other than a one family detached residential
dwelling, he shall not issue the zoning permit until he has received
a final approval of a site plan and/or subdivision plat and maps and/or
variance from the Town Planning Board.
All applications for zoning permit shall be
made on forms provided by the Mayor and Board of Aldermen 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 buildings thereon, the lines within which
the proposed building is to be erected or altered and the existing
and intended use of each building or part thereof, the height thereof
and the number of families intended to be accommodated. The applicant
shall also give such other pertinent information respecting the proposed
use of such property as may be necessary to determine the propriety
of the issuance of a zoning permit. If the Zoning Enforcement Official
issues a zoning permit, he shall return to the applicant, properly
certified, one copy of the plans submitted. If the Zoning Enforcement
Official shall decline to issue a zoning permit, he shall state to
the applicant, in writing, his reasons for so doing. Unless a certificate
of occupancy, as hereinafter provided, is issued for the structure
or the use covered by the permit within two years from its date of
issuance, the permit shall automatically lapse. The Mayor and Board
of Aldermen, upon application and for good reasons shown, may renew
the permit for a further period to be determined by the Mayor and
Board of Aldermen. No use, excavation or construction shall be commenced
until a zoning permit therefor has been issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. 1)]
When appointed by the Mayor and Board of Aldermen,
the designated Town official referred to in this article shall be
the Zoning Enforcement Official.
Appeals from decision of the Zoning Enforcement Official or on the question of his certification for the issuance of a certificate of occupancy may be made to the Town Planning Board under Article VI.
[Amended 9-20-2021 by Ord. No. 26-21]
There shall be paid to the Town of Boonton at
the time of application therefor:
A.
Zoning Enforcement Official review of certificate
of occupancy: $50.
B.
Zoning permit for a shopping center: $250.
C.
Zoning permit for an industrial building: $250.
D.
An appeal to the Planning Board for denial of a zoning
permit: $100.
E.
Zoning permit for a residential building: $50 per
dwelling unit.
F.
Zoning permit for any use not named above: $50. Where
construction cost is less than $500 or is solely for a repair, no
fee shall be charged.
G.
Copy of any permit: $5.
A.
Any owner or agent, and any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings, or any structure, or who shall put into use any lot or land in violation of any detailed statement or plan submitted hereunder, or who shall refuse reasonable opportunity to inspect any premises, shall be liable to the penalty stated in Chapter 1, General Provisions, Article III, General Penalty. Each and every day such violation continues shall be deemed a separate and distinct violation.
B.
The owner of any building or structure, lot or land, or part thereof, where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who assists in the commission of such violation shall each be guilty of a separate misdemeanor, and upon conviction thereof shall each be liable to the fine or imprisonment, or both, specified in Chapter 1, General Provisions, Article III, General Penalty.
