Zoning Officer. The Zoning Officer is hereby given the duty, power, and authority to issue zoning permits and to interpret, administer and enforce the provisions of this chapter. He shall review all construction permit and certificate of occupancy applications and all applications to the Planning Board and Board of Adjustment for compliance with this chapter.

Noncompliance. When the Zoning Officer is not satisfied that the applicant's proposal meets the requirements of this chapter, he shall refuse to issue a zoning permit and shall so notify the Construction Official and the applicant in writing, giving the reasons for denial. The Zoning Officer shall make a tentative determination as to which board has authority to hear an appeal to the denial.

Records. The Zoning Officer shall keep a record of all applications for zoning permits.

Zoning permit. A zoning permit shall be required before the issuance of a construction permit.

Tax delinquency. As a condition for the issuance of a construction permit, there shall be no tax or assessment for Borough improvements due or delinquent on the property for which the application is made or for any property in the Borough owned by the applicant or owner of said property.

Performance guaranty. The Construction Official shall require and accept, in accordance with the standards of Chapter 305, Subdivision of Land and Site Plan Review, § 305-15, a performance guaranty for the purpose of assuring the installation and maintenance of on-tract improvements when such a requirement is part of the stipulation of the approval of a development application.

Display. All permits shall be issued in duplicate, and one copy shall be kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No person shall perform any construction operation of any kind unless a permit covering such operation has been displayed as required by this chapter, nor shall construction operations of any kind be performed after notification of the revocation of the permit.

Records. The Construction Official shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Borough Council and of other officials of the Borough, the county and the state. Records shall not be removed except with the written consent of the Construction Official.

Reports. The Construction Official shall prepare a monthly report for the Borough Council summarizing for the period since his last previous report all construction permits and certificates of occupancy issued by him and all complaints of violation and the action taken by him consequently thereon. A copy of each such report shall be filed with the Borough Tax Assessor at the same time it is filed with the Borough Council.

Revocation. If it appears at any time to the Construction Official that the application or accompanying plans are in any respect false or misleading or the work being done upon the premises is differing materially from that called for in the application or plans filed with him under existing laws or ordinances, he shall forthwith revoke the construction permit, whereupon the person holding the same shall surrender it and all copies thereof to the Construction Official. After the permit has been revoked, the Construction Official may, in his discretion, before issuing the new permit, require the applicant to file an indemnity bond in favor of the Borough with sufficient surety conditioned on compliance with this chapter and all laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building or structure if it does not comply.

Expiration. If a permit has not been acted upon by the commencement of construction within six months from date of issuance and construction is not completed within 12 months, thereafter, such permit and all rights created thereby shall expire. Extension may be granted by presentation of valid reasons.

New uses.

Existing uses.

Change of use. No person shall use or occupy any building, structure or land the use of which shall be changed without first procuring a certificate of occupancy.

Temporary certificate of occupancy. Upon approval of the Borough Council, the Construction Official may issue a temporary certificate of occupancy for any building, structure, parking lot or impermeable surface if, due to seasonal or other special circumstances beyond the control of the applicant, the complete installation of all site construction work or landscape work or other requirements of the approved site plan have not been completed. Such a temporary certificate of occupancy shall set forth a time limit, not to exceed 90 days, except that a thirty-day extension may be granted by the Construction Official. Such a temporary certificate of occupancy shall require a cash escrow of 50% of the total cost of the uncompleted and remaining portion of the site work in an amount determined by the Construction Official and to be deposited with the Borough Clerk as a performance guaranty.

Contents. The certificate of occupancy shall contain sufficient information as to the extent and kind of use, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.

Reports. The Construction Official shall keep a record of all certificates of occupancies issued and denied.

The Zoning Officer shall issue within 15 days after receipt of a written application and fees therefor, to the prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of such a subdivision after 1971, a certificate certifying whether or not such subdivision has been approved by the Planning Board or Board of Adjustment. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.

Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:

The Zoning Officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.

All amendments to this chapter and to the Zoning Map, which forms a part hereof, shall be adopted in accordance with the provisions of N.J.S.A. 40:55D-1 et seq.

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

Filing complaints.

Abatement procedure. In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or any ordinance or regulation made under authority conferred hereby, the Zoning Officer or other proper official or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

Penalties. Any person violating any provision of this chapter shall, upon conviction, be subject to the penalties as set forth in § 1-15, Violations and penalties, of the Code of the Borough of New Providence. Each day that a violation occurs or is committed shall constitute a separate offense.