[Amended 9-5-1991 by Ord. No. 23-91]
The enforcing agents for this chapter shall
be the Borough Engineer, the Construction Official and the Zoning
Officer. Failure to comply promptly with any of the conditions of
any preliminary or final site plan approval subsequent to the receipt
of a building permit, zoning permit or certificate of occupancy, whether
permanent or temporary, as the case may be, shall be grounds for the
revocation of any building permit, zoning permit or certificate of
occupancy, as the case may be. A written notice of revocation, sent
by certified mail by the Zoning Officer or Construction Official,
as the case may be, shall specify the conditions of site plan approval
which have been violated, and such revocation shall effectively terminate
the validity of any building permit, zoning permit or certificate
of occupancy theretofore issued.
In addition to the provisions of § 191-25, the enforcing agents may file charges against violators. Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof before a court of competent jurisdiction, be subject to a fine not to exceed $500 or imprisonment in the county jail for a period not to exceed 90 days, or both.
This chapter shall be construed in pari materia
with the Subdivision Ordinance and the Zoning Ordinance of the Borough
of Hopatcong,[1] which ordinances together constitute the land use regulations
of this Borough, and shall be liberally construed to effectuate the
purposes thereof.
A.
Any interested party may appeal to the governing body any final decision of the Planning Board on any class of applications for development. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 191-18B. The appeal to the governing body shall be made by serving the Borough Clerk, in person or by certified mail, with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his attorney if represented. Such appeal shall be decided by the governing body only upon the record established before the Planning Board.
B.
Notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 191-18A(2) and to the Planning Board at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the governing body shall provide for verbatim recording and transcripts of such meeting pursuant to § 191-17E.
C.
The governing body shall conclude a review of the record not later than 45 days from the date of receipt of the transcript of the hearing unless the appellant consents, in writing, to an extension of such period. The appellant shall arrange for a transcript, pursuant to § 191-17E or otherwise, for use by the governing body. Failure of the governing body to hold a hearing and conclude a review of the record and to render a decision within such specified period, without such written consent of the appellant, shall constitute a decision affirming the action of the Board.
D.
The governing body may reverse, remand or affirm,
wholly or in part, or may modify the final decision of the Planning
Board.
E.
The affirmative vote of a majority of the full authorized
membership of the governing body shall be necessary to reverse, remand
or modify any final action of the Board.
F.
An appeal to the governing body shall stay all proceedings
in furtherance of the action in respect to which the decision appealed
from was made, unless the Planning Board certifies to the governing
body, after the notice of appeal shall have been filed with such Board,
that by reason of facts stated in the certificate a stay would, in
its opinion, cause imminent peril to life or property. In such case,
proceedings shall not be stayed other than by an order of the Superior
Court on application, upon notice to the Board from whom the appeal
is taken, and on good cause shown.
G.
The governing body shall mail a copy of the decision
to the appellant or, if represented, to his attorney without separate
charge and, for a reasonable charge, to any interested party who has
requested it not later than 10 days after the date of the decision.
A brief notice of the decision shall be published in the official
newspaper of the Borough if there is one or in a newspaper of general
circulation in the Borough. Such publication shall be arranged by
the applicant unless a particular municipal officer is so designated
by ordinance, provided that nothing contained herein shall be construed
as preventing the applicant from arranging such publication if he
so desires. The governing body may make a reasonable charge for its
publication. The period of time in which an appeal to a court of competent
jurisdiction may be made shall run from the first publication, whether
arranged by the Borough or the applicant.
H.
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.
