These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the borough. Any action taken by the borough under the terms of this title shall give primary consideration to the above mentioned matters and to the welfare of the entire community.

(Ord. 1993-008 § 801)

The board, when acting upon applications for preliminary or minor subdivision approval or upon applications for preliminary or minor site plan approval, shall have the power to grant exceptions from the requirements for subdivision or site plan approval as specified in Sections 16.20.050 and 16.20.060 of this title if an applicant or his or her agent can clearly demonstrate that, because of peculiar conditions pertaining to his or her land, the literal enforcement of one or more of said requirements is impracticable or will exact undue hardship; however, any exception granted by the board must be reasonable and within the general purpose and intent of the rules, regulations and standards established by this title.

(Ord. 1993-008 § 802)

A.

The Construction Official and the Zoning Officer. It shall be the duty of the construction official and the zoning officer of the borough to administer and enforce the provisions of this title. No structure or lot shall be used in violation of this title.

1.

It shall be the duty of the construction official to keep a record of all applications and all construction permits which are either issued or denied, with notations of any conditions involved, which data shall form a part of the borough's public records. A monthly report of construction permits shall be filed with the tax assessor and the borough council.

2.

It shall be the duty of the zoning officer and/or construction official to inspect the structures and land in the borough and, if a violation is found, to order the owner in writing to comply with the provisions of this title. For purposes of this inspection, the zoning officer and/or construction official shall have the right to enter any building or premises during reasonable hours subject to due process of law. Said order shall specify a reasonable time period, depending upon the nature of the violation, within which the owner must bring the subject structure or land into compliance with this title.

3.

In the event that an owner cited for violation of this title fails to bring the subject structure or land into compliance with this title within the time ordered by the zoning officer or construction official, the zoning officer or construction official may so inform the borough council, at which time the borough council shall advise the zoning officer or construction official of the legal options available to facilitate remedial action in each individual case.

4.

Upon notice being served of any land use existing in violation of any provision(s) of this title, the certificate of occupancy for such use shall thereupon, without further notice, be null and void and a new certificate of occupancy shall be required for any further use of the structure or land.

B.

Construction Permits. Construction permits shall be required as provided by the State Uniform Construction Code, its subcodes, and regulations promulgated pursuant thereto. Fees for construction permits shall be in accordance with the applicable ordinances of the borough.

C.

Certificates of Occupancy.

1.

Upon the completion of any building, structure or alteration in compliance with this title and any other ordinance, rule, or regulation of the borough, the owner or his or her agent shall apply to the construction official, in writing, for the issuance of a certificate of occupancy for said structure, building or alteration pursuant to the provisions of this section, but only when:

a.

The structure or part(s) thereof and the proposed use conform to this title and all other applicable codes and ordinances of the borough;

b.

Prior site plan, subdivision, conditional use and/or variance approvals, and developer's agreements, as may be necessary, have been granted or approved by the appropriate borough agency or agencies in accordance with the provisions of this title;

c.

All local taxes and assessments on the property have been paid;

d.

Confirmation from each utility company has been received by the borough stating that the utility facilities have been constructed and inspected and are in accordance with the approved plan and are ready for use; and

e.

Certified as-built grading plans have been submitted to and approved by the borough engineer.

2.

Every application for a certificate of occupancy shall be accompanied by the payment of a fee in accordance with the applicable ordinances of the borough.

3.

The construction official shall issue a certificate of occupancy to the owner of every structure, building or alteration entitled to same, within the time and according to the procedures set forth in the New Jersey State Uniform Construction Code and this title.

4.

With respect to any subdivision, site plan or any section of a subdivision or site plan having final approval, a certificate of occupancy shall be issued only upon the completion of the following improvements as such improvements may be required as part of subdivision and/or site plan approval:

a.

Curbs;

b.

All utilities;

c.

Water supply and sewage treatment facilities, which shall be functioning and servicing the property in question;

d.

Storm drainage facilities;

e.

Rough grading of the property;

f.

Base course of the street or streets serving the property;

g.

Base course of driveways and parking areas.

5.

With respect to any individual residential lot within a subdivision, a certificate of occupancy shall be issued only upon the completion of the following improvements, in addition to those listed above, to the extent that same are required as part of the subdivision approval:

a.

Sidewalks;

b.

Driveway aprons;

c.

Street names and regulatory signs.

6.

A copy of any issued certificate of occupancy shall be kept on file at the premises affected and shall be shown to the construction official upon request.

7.

Should the construction official decline to issue a certificate of occupancy, his or her reason(s) for doing so shall be stated on two copies of the application and one copy shall be returned to the applicant.

8.

A temporary certificate of occupancy may be issued for a new structure or use for which site plan approval has been granted although not all conditions of said approval have been complied with. Such temporary certificate of occupancy shall be issued only in extenuating circumstances and only with the approval of the construction official, who shall establish specific terms and conditions, including, but not limited to, a time limit for the installation of the uncompleted improvements and the receipt of an appropriate performance guarantee assuring the installation of the improvements as indicated on the approved plat or plan.

9.

A monthly report of the certificates of occupancy issued shall be filed with the tax assessor. A record of all certificates of occupancy shall be kept in the office of the construction official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the structure or land affected. The charge for each copy shall be established by resolution of the borough council except that there shall be no charge to a borough agency.

(Ord. 1996-02 § 4; Ord. 1993-008 § 803)

A.

A prospective purchaser, prospective mortgagee or any other person interested in any land in the borough which has been part of a subdivision in effect as of August 7, 1978, may apply in writing to the administrative officer for the issuance of a certificate certifying whether or not such subdivision has been duly approved by the planning board.

B.

Such application shall contain a diagram showing the location and dimensions of the land to be conveyed by the certificate and the name of the owner thereof. A ten-dollar ($10.00) fee shall be paid to the administrative officer, on behalf of the borough, for the requested certificate.

C.

The administrative officer shall make and issue such certificate within fifteen (15) days after receipt of the written application and accompanying fee. The administrative officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee received, in a binder as a permanent record in his or her office.

D.

Each certificate shall be designated a "Certificate as to Approval of Subdivision of Land" and shall certify:

1.

Whether there exists a duly established planning board and whether there is a duly adopted ordinance controlling the subdivision of land;

2.

Whether the subdivision, as it relates to the land shown in the application, has been approved by the planning board and, if so, the date of such approval, any conditions attached to such approval and any extensions and terms thereof showing that the subdivision, of which the subject lands are a part, is a validly existing subdivision; and

3.

Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirements of subdivision approval as provided in N.J.S.A. 40:55D-1 et seq., and as defined in this title.

(Ord. 1993-008 § 804)

In case any building or structure is erected, constructed, reconstructed, altered, moved or converted; or any building, structure or land is used in violation of, or contrary to, the provisions of this title, or any building, structure or land is used in violation of, or contrary to, any approved site plan and/or subdivision plat, including any conditions of approval thereto, the borough may institute an action to enjoin or any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion or use. However, nothing in this title shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.

(Ord. 1993-008 § 805)

A.

Fines. Any violation hereunder shall be considered an offense punishable by a fine not to exceed one thousand dollars ($1,000.00) for each offense or imprisonment for a term not exceeding ninety (90) days or both. The following rules shall apply in determining responsibility for violations and penalties:

1.

The owner, general agent, contractor or occupant of a building, premises or part thereof where such violation has been committed or does exist shall be guilty of such an offense.

2.

Any agent, contractor, architect, engineer, builder, corporation or other person who commits, takes part or assists in such violation shall be guilty of such offense.

3.

Each day that a violation continues after notification that it exists shall constitute a separate offense.

4.

The imposition of penalties herein shall not preclude the borough or any other person from instituting an action to prevent an unlawful construction, reconstruction, alteration, repair, conversion, or use or to restrain, correct or abate a violation, or to prevent the illegal occupancy of a building, land or premises.

B.

Selling Land Before Final Subdivision Approval.

1.

If, before final subdivision approval has been granted, any person, as owner or agent, transfers or sells or agrees to transfer or sell any land which forms a part of a subdivision for which borough approval is required in accordance with the provisions of this title, except pursuant to an agreement expressly conditioned on final subdivision approval, such person shall be subject to a penalty not to exceed one thousand dollars ($1,000.00), and each disposition of each lot so made may be deemed a separate violation.

2.

In addition to the foregoing, the borough may institute and maintain a civil action:

a.

For injunctive relief;

b.

To set aside and invalidate any conveyance made pursuant to such a contract or sale, if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.

(Ord. 1993-008 § 806)