Zoning Officer. The provisions of this chapter shall be administered by the Building Inspector of the Borough of Barrington and/or by such other persons as may be designated by the Council as the Zoning Officer and Assistant Zoning Officers for this purpose.

Duties. The duties of the Zoning Officer shall be to:

Appeals. Any appeal from the decision of the Zoning Officer shall be made directly to the Planning Board.

Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Officer. He shall make a proper record of such complaint, investigate immediately and take action thereon as provided by this chapter.

Whenever the Zoning Officer has determined that a violation of any of the provisions of this chapter exists, he shall forthwith notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of the illegal use of land, buildings or structures or of additions, alterations or structural changes thereto or discontinuance of any illegal work being done or shall take any other action authorized by this chapter to ensure compliance with or prevent violation of its provisions.

Whenever a violation of this chapter shall continue for a period of 10 days following written notification by the Zoning Officer as aforesaid, the Zoning Officer shall forthwith file a written complaint setting forth said violations in the Municipal Court of the Borough of Barrington; provided, however, that if an appeal has been taken under § 360-40C hereof to the Planning Board, then the filing of a complaint and all proceedings pursuant thereto shall be stayed pending the final decision of the Planning Board on said appeal.

Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to a penalty as provided in Chapter 1, General Provisions, Article I, and in addition, shall pay all costs and expenses involved in the case.

The owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenants of the entire building or part of building, and the architect, engineer, builder or any other person who knowingly commits, takes part in, assists in or maintains any such violation may be found guilty of a separate offense and suffer penalties as herein provided.

Nothing herein shall prevent the Borough from taking such other action as is necessary to prevent or remedy any violation.

A zoning permit shall be required prior to the erection, construction or alteration of any building or structure, or any portion thereof. A nonrefundable application fee established by the Borough Council pursuant to § 360-47A shall be required on all zoning permits.

Application for permits shall be made in writing to the Zoning Officer designated by the Council and shall contain all information necessary for such Officer to ascertain whether the proposed erection, construction, alteration or use complies with the provisions of this chapter.

Such permits shall be granted or refused within 10 days from date of application.

No zoning permit shall be issued which is not in conformity with the regulations of this chapter, except after written order from the Planning Board or the courts.

Plans.

Any permit issued by the Zoning Officer pursuant to this article shall expire and become null and void six months after the issuance of said permit, unless the erection, construction or alteration for which said permit has been issued has been commenced prior to the expiration of said six-month period.

A certificate of occupancy shall be required prior to the occupation of a new use or change of use of land and for any nonresidential buildings or structures.

Application for a certificate of occupancy shall be made in writing to the Zoning Officer designated by the Council.

Certificates of occupancy shall be granted or refused within 15 days after the Zoning Officer has been notified of the completion of construction or within 15 days of the application to occupy and use land.

No certificate of occupancy shall be issued which is not in conformity with the regulations of this chapter, except after written order from the Planning Board or the courts.[1]

The Borough Council shall establish a schedule of fees, charges and expenses, as well as a collection procedure, for zoning permits, certificates of occupancy, special permits, sign permits, variances and other matters pertaining to this chapter.

Said schedule of fees shall be posted in the office of the Zoning Officer, shall be appended to this chapter[1] and shall be altered only by amendment to this chapter by Borough Council.

Permits and variances shall be issued only after fees have been paid in full, and the Planning Board shall take no action on appeals until preliminary charges have been paid in full.

In addition to the application fee, a consulting escrow fee in the amount established by the Borough Council pursuant to § 360-47A shall be paid by the applicant. The consulting escrow fee shall be an escrow account established to pay the fees of any professional personnel employed by the Borough to process, review, inspect and make recommendations concerning the subject application. If, at any time, the escrow fee shall be insufficient to cover the actual or anticipated expenses, said escrow fund shall be subject to an increase in such reasonable amounts as the reviewing board shall require to cover anticipated professional fees. Such additional fees shall be paid within seven days of receipt of written notification thereof by the reviewing board's Secretary. If the reviewing board should deny the application or the applicant shall withdraw his application, any excess funds in the escrow account shall be returned to the applicant upon his request in writing following the receipt of final bills for professional fees.

The application fee for a zoning permit under this chapter shall be waived for applications to maintain a handicapped ramp on a residential property within the Borough of Barrington.

The regulations, restrictions and boundaries set forth in this chapter may, from time to time, be amended, supplemented, changed or repealed through amendment by the Borough Council.

Procedure for amendment. The following requirements shall be observed in making any amendments to this chapter:

Protest against amendment. A protest against any proposed amendment or revision of the Zoning Ordinance may be filed with the Borough Clerk, signed by the owners of 20% or more of the area either: (1) of the lots or land included in such proposed change; or (2) of the lots or land extending 200 feet in all directions therefrom inclusive of street space, whether within or without the Borough; amendment shall not become effective except by the favorable vote of 2/3 of all the members of the Borough Council.