Branchville City Zoning Code
ARTICLE VIII
Enforcement
§ 123-27 Building permits required; applications.
No building in any district shall be erected, reconstructed, restored, structurally altered or moved without a building permit duly issued upon application to the Building Inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter and the Building Code.[1] Any building permit issued in violation of the provisions of this chapter shall be void and of no effect without the necessity for any proceedings or revocations or nullifications thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful.
A.
Every application for a building permit shall contain the following information and be accompanied by the required fee and by a plot plan drawn to scale and signed by the person responsible for such drawing:
(1)
The block and lot numbers as they appear on the Tax Map of the municipality.
(2)
The exact size and locations on the lot of the proposed building or buildings or alterations of an existing building and of other existing buildings on the same lot.
(3)
The dimensions of all yards in relation to the subject building and the distance between such building and any other existing buildings on the same lot.
(4)
The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate.
(5)
Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter.
B.
No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as stipulated in N.J.S.A. 40:55D-35.
[Amended 5-16-1979 by Ord. No. 2-79]
C.
No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by the said Board.
D.
No building permit shall be issued for a building to be used for any conditional use in any district where such use is allowed, except by approval of the Planning Board.
[Amended 5-16-1979 by Ord. No. 2-79]
E.
The building permit application and all supporting documentation shall be made in duplicate. Upon the issuance of a building permit, the Building Inspector shall return one copy of all filed documents to the applicant.
F.
The Building Inspector shall, within 20 days after the filing of a complete and properly prepared application, either issue or deny a building permit. If a building permit is denied, the Building Inspector shall state in writing to the applicant the reasons for such denial.[2]
[Amended 5-16-1979 by Ord. No. 2-79]
[2]
Editor's Note: Former Subsections G and H, which immediately followed, regarding expiration of a building permit and fees, respectively, were repealed 6-18-2008 by Ord. No. 03-2008.
[1]
Editor's Note: Building construction is regulated under the State Uniform Construction Code Act. See N.J.S.A. 52:27D-119 et seq.
§ 123-28 Code Enforcement Officer/Zoning Officer. [1]
[Added 12-5-2012 by Ord. No. 17-2012]
A.
Appointment. The Code Enforcement Officer/Zoning Officer shall be appointed by the Borough Council. The term of office shall be for one calendar year.
B.
Duties. The duties of the Code Enforcement Officer/Zoning Officer shall be as follows:
(1)
(2)
It shall be the duty and responsibility of the officer to quarterly make a survey of the Borough of Branchville for the purpose of determining the existence of violations of any of the ordinances aforementioned, and to issue appropriate violation notices, and to take all other appropriate measures, including the institution of suits or complaints in the Municipal Court or Superior Court of the State of New Jersey, and to abate or enjoin the continued violation of any such ordinance.
(3)
The officer shall investigate all complaints of violations which come to his or her attention and shall give the person complained of, or the owner of the property where the violation appears to have occurred, reasonable notice to correct or eliminate such violation. If such violation shall not be corrected or eliminated within five business days or within such extension the officer may grant, it shall be the duty of the officer to file a complaint against such person or property owner for such violation for hearing before the appropriate court.
(4)
The officer shall keep a record of all complaints received and of all actions taken to abate any violations or prosecute any violations and shall submit a report monthly to the Borough Council of such actions. The officer shall also submit an annual report to the Borough Council on or before January 31 of the subsequent year reporting upon the activities of his or her office during the prior year.
[1]
Editor's Note: Former § 123-28, Duties of Building Inspector, was repealed 6-18-2008 by Ord. No. 03-2008.
§ 123-29 Violations and penalties.
A.
Any person, firm, partnership or corporation who shall violate any of the provisions of this chapter or who shall fail to comply therewith, or who shall erect, alter, enlarge, rebuild or move any building or buildings or structure in violation thereof, or who shall put into use any lot of land in violation of a statement or plan submitted thereunder, or who shall refuse reasonable opportunity to inspect any premises shall be liable, upon conviction, to the penalties provided by § 1-15 of this Code.
[Amended 1-16-2008 by Ord. No. 01-2008]
B.
Every day that any violation continues beyond five days after notification that such violation exists shall constitute a separate offense. Such notice shall be in writing. Said notice may be affixed to the building permit.
C.
The imposition of the penalties shall not preclude the Borough or any person from instituting appropriate legal action to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation, or to prevent the unlawful occupancy of a building, land or premises.