A. General.

(1) No land or premises may be used and no building or structure may be erected, raised, moved, extended., enlarged, altered or used for any purpose other than a purpose permitted by this chapter for the zone district in which the land, premises,; building or structure is located. All uses and construction shall be in conformity with the regulations provided for the zone district in which such land, premises, building or structure is located and any other applicable regulations of this article.

(2) No lot, yard, parking area or other open space shall be so reduced in area or dimension as to make it less than the minimum required under this chapter. No lot, yard, parking area or other open space which is already less than the minimum required under this chapter shall be further reduced in area or dimension.

(3) The control and regulation of the uses of buildings and structures by this chapter shall apply equally to the nature and extent of the uses of the lot or lots upon which they are erected.

(4) In the case of a lot that is split by a zone district boundary line, and the zone districts on the lot have different requirements, application of the requirements shall be as follows, unless the provisions of this chapter specifically indicate otherwise:

(a) The use shall comply with the required use standards for the zone district within which the use is located.

(b) The lot shall be required to comply with the most restrictive of the minimum lot area, minimum lot width, minimum average lot width, minimum lot frontage, minimum lot depth, minimum buildable area and minimum usable area standards of the various zone districts on the lot.

(c) The yard setbacks shall be required to comply with the required dimensions for such setbacks of the zone district within which the yard is located; thus, each portion of a building that is split by a zone boundary would be subject to the setback standards of the zone within which that portion of the building is located. In the event that it is not possible to measure the yard depth without crossing a zone district boundary, the most restrictive setback standard of the various zones shall apply, but only to those locations where the measurement would cross the zone boundary.

(d) The height of structures shall comply with the height requirements for the zone district within which such structures are located. In the case of a structure that is split by a zone district boundary, the most restrictive height standard shall apply.

(e) The number of parking spaces required based upon floor area shall comply with the standard applicable to the zone within which the building is located. In the case of a building that is split by a zone boundary, the parking standard in each zone shall apply to that portion of the building floor area located in such zone.

(f) The coverage by above-grade structures, the coverage by improvements, floor area ratio and density shall be required to comply with the standard for the zone in which the structures and improvements are located, calculated using the entire lot area. In the case of a building or buildings or improvements located partially in more than one zone district, a pro rata standard shall apply to the entire lot, using the following formula:

[1] Calculate that percentage of the total coverage, floor area or number of dwelling units on the lot, as applicable, proposed in each zone.

[2] Multiply the percentages resulting from the calculation in [1] above for each zone times the applicable standard for coverage, floor area ratio or density, of the same zone.

[3] Add the results from the calculations in [2] above to determine the applicable standard.

As an example, consider a development located on a lot split by a zone boundary: zone A permits 25% improvement coverage and zone B permits 20% coverage. The development proposes 3,000 square feet of coverage in zone A and 2,000 square feet of coverage in zone B, for a total of 5,000 square feet of coverage. The permitted coverage for the above-grade structures would be 23% of the lot area, calculated as follows:

3,000 sq. ft. coverage proposed in zone A = 5,000 sq. ft. total proposed coverage = 60% of total coverage proposed in zone A

2,000 sq. ft. coverage proposed in zone B = 5,000 sq. ft. total proposed coverage = 40% of total coverage proposed in zone B

60% of total coverage proposed in zone A x 25% coverage permitted in zone A = 15%

40% of total coverage proposed in zone B x 20% coverage permitted in zone B = 8

15% + 8% = 23% coverage permitted in lot split by zone boundary

**Webmasters Note: The previous subsection, (4), has been added as per Ordinance No. 2830.

B. Permits. No zoning permit, building permit, certificate of occupancy, sign permit or historic preservation permit shall be issued until all the requirements of this chapter, any other applicable Village or State regulations and ordinances, Planning Board or Board of Adjustment decisions, necessary resolutions of the Village Council and the site plan, as approved by the Planning Board, have been and are fully complied with.

C. Subdivisions. Whenever a new lot is formed from a part of any other lot or lots, the assembly or separation shall be effected in such a manner as not to impair any of the requirements of this article. No subdivision shall be permitted which results in a change in a front, side or rear yard that fails to comply in every respect with the required provisions of the zone in which it falls.

D. Site plans. All site plans submitted to the Planning Board or the Zoning Board of Adjustment shall be required to conform to the provisions of this article.

The use or occupancy of land or buildings shall require the issuance of building, zoning or sign permits, historic preservation permits and/or certificates of occupancy in accordance with the following provisions:

A. Building permits. No building or structure or part thereof shall be erected, raised, moved, extended, enlarged, altered or demolished unless and until a permit has been granted by the Construction Official therefor. The following shall apply:

(1) Applications shall be filed with the Construction official by the owner or his agent and shall state the intended use of the structure and the land.

(2) The application shall be accompanied by detailed plans and specifications and a plot plan showing finished grades, open spaces, the established building lines within the block upon which the land is located and such other information as may be required to show that the proposed building or other structure shall comply with all the requirements of this chapter for the zone district in which the premises is located. Such plans shall be drawn to scale and shall show actual dimensions and figures.

(3) All plans, specifications and plot plans submitted with an application for a building permit shall be prepared, signed and sealed in accordance with the requirements of the Uniform Construction Code.

(4) No building permit shall be issued for the erection, raising, moving, extending, enlargement or alteration of any building or structure or any part thereof unless and until the plans and intended uses therefor indicate that such building or structure is designed to conform in all respects to the provisions of this chapter and all other applicable ordinances of the Village.

(5) No building permit shall be issued for the erection, raising, moving, extending, enlargement or alteration of any building or structure or part thereof located in a flood hazard area unless and until the provisions of Chapter 154 and § 190-120 are complied with. No building permit shall be issued for any development which requires site plan or subdivision approval unless and until the requirements of Article VII of this chapter have been met.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2814.

(6) Issuance of a building permit shall negate the necessity for a zoning permit and shall supersede and revoke any zoning permit previously issued.

B. Zoning permits. If no building permit and certificate of occupancy shall have previously been issued, no land shall be occupied or used, in whole or in part, for any purpose whatsoever unless and until a zoning permit therefor shall have been issued by the Zoning Officer. The following shall apply:

(1) A zoning permit shall be required for the use of any premise which does not have upon it a building. Whenever there shall be a change contemplated in the use of any premises which does not have a building upon it, a new zoning permit therefor shall be required.

(2) Any change in use of a building or site shall be treated as a new use, and a new zoning permit shall be required therefor. Before any zoning permit shall be issued for any such change in use, all provisions of this article shall be complied with in the same manner as if the new use were an initial use of land or a new structure or building.

(3) A zoning permit shall be required for the following improvements:

(a) A zoning permit shall be required for any exterior improvement involving a residential use, if such improvement also requires a building permit. In addition, a zoning permit shall be required for fences and freestanding walls. Retaining walls shall require a retaining wall permit as set forth in § 190-97J. Soil movement may require a soil permit as set forth in § 246, Soil Removal.

(b) A zoning permit shall be required for any exterior improvement involving a non-residential use, unless a building permit, certificate of occupancy, sign permit or historic preservation permit is required for the improvement, in which case issuance of said permits shall negate the necessity for issuance of a zoning permit for the improvement. Notwithstanding the above, signs which are exempt from the requirement to obtain a sign permit shall also be exempt from the requirement to obtain a zoning permit. Also exempt from the requirement to obtain a zoning permit shall be minor repairs to existing improvements or replacement of conforming improvements with identical conforming improvements. Improvements for which the issuance of a zoning permit is required shall include, but not necessarily be limited to, the following:

[1] installation or modification of paving, curbing or drainage improvements;

[2] modification of the exterior improvements of a building, including, but not limited to roofing, siding, doors and windows, decorative trim and molding, drain gutters and leaders, and change of paint color;

[3] installation or modification of landscaping improvements, and removal of existing vegetation;

[4] installation or modification of exterior improvements related to lighting, heating, ventilating, cooling, security or access; and

[5] modification of the existing grade, including any excavation, filling, berming or other regrading.

**Webmasters Note: The previous subsection, (3), has been amended as per Ordinance No. 2818.

(4) A zoning permit shall specify the use of the land or buildings and the nature of improvements and any terms or conditions imposed thereunder.

(5) When site plan, subdivision and/or conditional use approval is required, no zoning permit shall be issued until final site plan and/or final subdivision approval has been obtained and until all conditions precedent to said approval have been satisfied.

(6) The Zoning Officer shall issue or deny a zoning permit within seven (7) days of the application therefor.

C. Sign permits. It shall be unlawful for any person to erect or relocate any sign within the Village without first obtaining a sign erection permit from the Construction Official pursuant to the following:

(1) The Construction Official shall issue permits only for such signs as are specifically allowed for the particular premises and zone district in which the premises are located.

(2) Signs exempted by § 190-122A shall not require applications or the payment of any license fees or charges, but this shall not be construed to enlarge the scope of permitted and exempt signs nor to diminish the power of the Construction Official to enforce this article.

(3) Application for a sign erection permit shall be made upon forms provided by the Construction official in triplicate, and shall contain or have attached the following information:

(a) The name, address and telephone number of the applicant;

(b) The location of the premises on which or to which the sign is proposed to be erected or attached;

(c) The position of the sign, indicating its relation to its premises and adjoining premises;

(d) Blueprints or ink drawings of the plans and specifications and method of erection and attachment to the premises, or a photograph of the actual sign in lieu thereof, and such information as the Construction Official may reasonably require to indicate the work to be performed and to show full compliance with this chapter and all other applicable laws and ordinances of the Village;

(e) The name of the person performing the work;

(f) The written consent of the owner and lessor of the premises; and

(g) The electrical permit, if any, required by the Uniform Construction Code.

(4) Each application for each sign shall be accompanied by a filing fee as set forth in Chapter 145, Fees, with the exception of real estate for sale signs, the application for which shall be accompanied by a separate fee as set forth in Chapter 145, Fees. Approval of an application for a real estate for sale sign shall entitle the applicant to a permit for a period of sixty (60) days, provided that an additional fee as set forth in Chapter 145, Fees, shall be charged for extension of permits for each thirty (30) days or part thereof and the applicant shall be required to file an additional written application for each extension requested.

(5) It shall be the duty of the Construction official, upon the filing of an application for a sign erection permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign, and if it shall appear that the proposed sign is in compliance with all the requirements of this chapter and all other laws and ordinances of the Village, he shall then issue a sign erection permit therefor.

(6) If the work authorized under an erection permit has not been completed within six (6) months after date of issuance of the sign erection permit therefor, such permit shall become null and void.

D. Historic preservation permits. A historic preservation permit issued by the Construction Official shall be required for any of the activities described below within a historic district or on a historic site as designated by this chapter. The following provisions shall apply:

(1) When required. A report of the Historic Preservation Commission issued by the Historic Preservation Commission shall be required before a preservation permit is issued for any of the following, or, before work can commence on any of the following within a historic district or on a historic site:

(a) Demolition of all or part of any building, improvement, site, place or structure;

(b) Relocation of any building, improvement, site, place or structure;

(c) Change in the exterior appearance of any building, improvement, site, place or structure by addition, reconstruction, alteration, partial demolition or dismantling or repair which change is visible from a public street. Exterior change for all primary and accessory structures shall include but is not limited to removal, repair or replacement of windows, doors, surfaces, facades, attachments, stairs, steps, porches, signs, walls, fences, antennas, solar panels, lighting, and sidewalks, including sidewalks located within the public right-of-way, where work is being performed by a private property owner; and

(d) Any addition to or new construction of a principal or accessory building or structure.

(2) Exemptions. A report of the Historic Preservation Commission shall not be required before a preservation permit is issued by the Construction official for the following:

(a) Changes to the interior of structures.

(b) Repair or exact replacement to any existing improvement provided that the work does not alter the exterior appearance of the structure. In the event, however, that repair work is being undertaken on a building with previously installed noncontributing or disharmonious features, the provisions of this section shall not apply. The following are the types of activities permitted under this exemption:

[1] Identical replacement of existing windows and doors;

[2] Repairs of existing windows and doors and the installation of storm doors and windows that do not change their design scale or appearance;

[3] Maintenance and repair of existing roofing materials involving no change in the design, scale or appearance of the structure;

[4] Structural repairs which do not alter the exterior appearance of the structure;

[5] Maintenance, repair or replacement of existing clapboards, shingles or other siding with identical material;

[6] Interior painting; and

[7] Exterior repainting with the same color paint that exists legally.

(3) Referral of preservation permits. All applications for issuance of preservation permits pertaining to historic sites or property in historic districts shall be referred to the Historic Preservation Commission for a Report of the Historic Preservation Commission on the application of the zoning ordinance provisions concerning historic preservation to any of those aspects of the change proposed which aspects were not determined by approval of an application for development by a municipal agency. The following provisions shall apply:

(a) The Historic Preservation Commission shall submit its report to the Construction official within forty-five (45) days of the referral of the application to the Historic Preservation Commission.

(b) If within the forty-five (45) day period,, the Historic Preservation Commission recommends to the Construction Official against the issuance of the preservation permit or recommends conditions to the preservation permit to be issued, the Construction Official shall deny issuance of the preservation permit or include the conditions in the preservation permit, as the case may be.

(c) Failure to report within the forty-five (45) day period shall be deemed to constitute a report in favor of issuance of the preservation permit and without the recommendation of conditions to the preservation permit.

(4) Procedure where demolition disapproved. In the event that the Construction official disapproves an application for a preservation permit to move or demolish a historic building, place or structure, the owner shall, nevertheless, as a matter of right, be entitled to raze or demolish such building, place or structure, provided that all of the following requirements shall be fully met prior to such demolition:

(a) After applying for the necessary preservation permit, and receiving notice of denial for same from the Construction Official, the owner shall appeal the denial to the Zoning Board of Adjustment.

(b) If the Zoning Board of Adjustment affirms the permit denial, the owner shall comply with the notice requirements set forth below:

[1] Demolition notice posted; publication. Notice of proposed demolition shall be posted on the premises of the building, place or structure throughout the notice period in a location such that it is clearly readable from the street. In addition, the applicant shall publish a notice in the official newspaper of the Village as follows:

[a] Within the first ten (10) days of the notice period.

[b] Within not less than ten (10) nor more than fifteen (15) days prior to the expiration of the notice period.

[c] At least once each thirty (30) days between the above first and last notifications, throughout the notice period.

[2] Notice period, The period of time during which notice must be given in the manner herein before set forth shall be known as the "notice period". The notice period shall be' as follows:

(a] The notice period shall commence on the tenth (10th) day following the date of the notice of denial received from the Zoning Board of Adjustment after an appeal and such notice period shall run for a period time of up to six (6) months, as determined by the Commission.

[b] A property owner may satisfy the notice period required for demolition of a historic site or of a building, place or structure in a historic district by following the procedures set forth herein prior to or concurrently with applying for the demolition permit. The applicant must also attempt to take any and all steps to market the property in accordance with the provisions of this ordinance. Provided that the procedures set forth in have been fully complied with, the property owner will be entitled to credit for the actual time during which the notice of demolition was properly given prior to the application to the Construction official.

(c) The owner shall, during the notice period and at a price reasonably related to its fair market value, make a bona fide offer to sell such building, place or structure and the land pertaining thereto to any person, organization, government or agency thereof or political subdivision which gives reasonable assurance that it is willing to preserve the building, place or structure and the land pertaining thereto.

(d) The owner shall not be a party to any bona fide contract, binding upon all parties thereto, for the sale of any such building, place or structure and the land pertaining thereto executed prior to the expiration of the notice period, except a contract made in accordance with paragraph (c) above.

E. Time limit for completion of exterior site improvements. All exterior site improvements authorized by a building permit, demolition permit, zoning permit, sign permit or historic preservation permit issued pursuant to this chapter shall be substantially completed in a timely manner. The intent of this provision is to prevent visual blight, property damage, erosion and sedimentation, wind-blown dust and debris, excessive weed growth, litter, vandalism, unsafe or hazardous conditions, the depreciation of property values and other harmful effects. For purposes of administering this provision, the following shall apply:

(1) "Exterior site improvements" are defined to include, but not necessarily be limited to, exterior building siding or facing, roofing, exterior doors and windows, exterior steps, porches, driveway and parking area pavement, walks, fences, walls and lawns, as well as demolition of any of the foregoing.

(2) The following improvements shall be substantially completed within one (1) year of the date of the issuance of the permit for same:

(a) Exterior site improvements authorized pursuant to a permit to construct a new dwelling unit, or exterior site improvements accessory to the construction of a new dwelling unit; and

(b) exterior site improvements authorized pursuant to final major site plan approval.

(3) The following improvements shall be substantially completed within six (6) months of the date of the issuance of the permit for same:

(a) Exterior site improvements authorized pursuant to a permit to construct an addition to an existing dwelling unit, or to alter, repair, renovate or demolish an existing dwelling unit or other exterior site improvements accessory to an existing dwelling unit, except as provided otherwise in paragraph (2) above;

(b) Exterior site improvements authorized pursuant to a sign permit or historic preservation permit, except as provided otherwise in paragraph (2) above; and

(c) Exterior site improvements authorized pursuant to minor site plan approval.

(4) In the case of exterior site improvements which were the subject of site plan approval, the approving Board may, in exceptional circumstances, and upon good cause shown by the applicant, grant an extension of the time within which exterior site improvements shall be completed. In the case of exterior site improvements which were not the subject of site plan approval, the agency issuing the permit may grant similar extensions in the same manner.

(5) If no construction or demolition of exterior site improvements authorized pursuant to a zoning permit, sign permit or historic preservation permit has been initiated within the above time periods, then the permit shall be considered null and void. Failure to initiate construction or demolition pursuant to a building permit shall be subject to the provisions of the Uniform Construction Code.

(6) If construction or demolition of exterior site improvements has been initiated, but not substantially completed, within the above time periods, the failure to complete said improvements shall be considered a violation of this article, and shall subject the violator or violators to the penalties hereinafter prescribed.

(7) Nothing in this subsection shall be construed to conflict with any other law or regulation, nor to limit the power of the Village to enforce the provisions of this article by whatever means that may exist.

F. Certificates of occupancy for nonresidential uses and structures. No nonresidential building or structure hereafter erected or altered shall be occupied or used, in whole or in part, for any purpose whatsoever, except as hereinafter provided, unless and until a permanent certificate of occupancy shall have been issued therefor by the Department of Building and Inspections in accordance with the following provisions. No existing building or structure in which the use or occupancy has been changed shall be occupied or used, in whole or in part, for any purpose whatsoever except as hereinafter provided, unless and until a certificate of occupancy or continued occupancy, as applicable, shall have been issued therefor by the Department of Building and Inspections in accordance with the following provisions. All improvements shown on any site plan shall have been in-stalled on the premises in question, and inspected and approved by the appropriate official, before any certificate of occupancy shall be issued. The following provisions shall not apply to any change in occupancy in a nonresidential zone where the use remains residential.

(1) The issuance of a certificate of occupancy or a certificate of continued occupancy shall negate the necessity of obtaining a zoning permit for the same premises. The issuance of a permanent certificate of occupancy or a certificate of continued occupancy shall supersede and revoke any zoning permit already granted for the same premises.

(2) When a building or structure is entitled thereto, the Construction Official shall issue or deny a certificate of occupancy within ten (10) business days after written application therefor.

(3) A certificate of occupancy shall specify the use of the land or building and any terms or conditions imposed thereunder. No certificate of continued occupancy shall be issued for use which is not permitted in the zone district, unless it is shown that such use is a nonconforming use or received variance approval for the use from the Board of Adjustment.

(4) Temporary certificates of occupancy. In the event that an applicant for any nonresidential use is unable to fully comply with all of the requirements for a permanent certificate of occupancy or a certificate of continued occupancy as outlined above due to weather conditions or other forces beyond his control, he may apply for a temporary certificate of occupancy in accordance with the following:

(a) Applications for a temporary certificate of occupancy shall be made on a form provided by the Director of Building and Inspections. Applications shall be made five (5) days prior to the desired issuance date of such certificate. Each application shall be accompanied by a fee as set forth in Chapter 145, Fees.

(b) After receipt of an application for a temporary certificate of occupancy, the Director of Building and Inspections will make an inspection of the building and site in question. If the Director of Building and Inspections finds that the applicant is unable to comply with all of the requirements for a permanent certificate of occupancy or a certificate of continued occupancy for reasons as outlined in this subsection, he may issue a temporary certificate of occupancy for a period of sixty (60) days, provided that the building is substantially completed as per the New Jersey Uniform Construction Code.

(c) A statement of the action taken by the Director of Building and Inspections for any temporary certificate of occupancy shall be forwarded to the Planning Board prior to the next regular meeting of the Board.

(d) The Director of Building and Inspections shall have the authority to extend the temporary certificate of occupancy for a period of sixty (60) days upon receipt of an application for renewal and payment of an additional fee as set forth in Chapter 145, Fees.

(e) The Director of Building and Inspections shall have the authority to issue a second renewal for a sixty (60) day period upon receipt of an application and payment as set forth in Chapter 145, Fees.

(f) In no case shall the Director of Building and Inspections issue a temporary certificate of occupancy for a period to exceed sixty (60) days nor shall he renew a certificate more than twice as regulated above. Temporary certificates of occupancy issued under this subsection are limited to a maximum of one hundred eighty (180) days.

(g) It is recognized that under extreme circumstances a temporary certificate of occupancy may be required for a period beyond the one hundred eighty (180) days as above regulated. In such event, the following shall apply:

[1] The applicant shall file with the Director of Building and Inspections a request for a temporary certificate of occupancy prior to the expiration of the second renewal as outlined in paragraph (4) (e) of this subsection; this application shall be made sufficiently early to be referred to the Planning Board for consideration at a regular public meeting of the Board, but in no case less than thirty (30) days before such meeting.

[2] All requirements of paragraphs (4)(a), (b) and (c) of this subsection shall be complied with.

[3] The Director of Public Works will estimate the cost of completing all conditions of site plan approval. The applicant shall post a completion bond for the amount determined by the Director of Public Works with the Village.

[4] If such bond is other than cash, a cash escrow account of five hundred dollars ($500) will be deposited with the Village, which shall be forfeited and used to defray the cost of enforcing the completion bond if the applicant fails to comply with all of the site requirements within the time limits set forth on the temporary certificate of occupancy issued under this subsection.

[5] A temporary certificate of occupancy requiring the posting of a bond, as set forth in this subsection, shall not be issued by the Director of Building and Inspections without the approval of the Planning Board.

[6] Notwithstanding any other provisions of this chapter, a temporary certificate of occupancy for nonresidential use shall not extend for a period longer than twelve (12) months from the date of original issuance, as regulated in this Article.

G. Certificates of occupancy for residential uses and structures. No residential building or structure hereafter erected or altered shall be occupied until a certificate of occupancy shall have been issued by the Construction Official, certifying that all required work has been completed in accordance with the provisions of the approved permit, except as provided otherwise in this chapter. The following shall apply:

(1) Prior to the issuance of a certificate of occupancy for any new structure located in a major subdivision approved by the Planning Board and the Village Council, there shall be submitted to the Village Engineer a detailed grading plan of the improved subdivision showing all finished grade elevations so that he may determine the disposition of all surface waters running off the subdivision area.

(2) Upon request from the owner of an existing building or structure, the Construction Official shall issue a certificate of continued occupancy, provided that there are no violations of law or orders of the Construction official pending and it is established, after inspection and investigation, that the alleged use of the building or structure has heretofore existed legally.

(3) A certificate of occupancy shall specify the use of the land or building and any terms or conditions imposed thereunder.

(4) The Construction Official shall issue or deny a certificate of occupancy within seven (7) days of the application therefor, where site plan approval by the Planning Board is not required, and within seven (7) days after action on the site plan by the Planning Board, where site plan approval is required.

(5) Temporary certificate of occupancy. In the event that an applicant for any residential use is unable to fully comply with all of the requirements for a permanent certificate of occupancy or a certificate of continued occupancy as outlined above due to weather conditions or other forces beyond his control, he may apply for a temporary certificate of occupancy in accordance with the following:

(a) Applications for a temporary certificate of occupancy shall be made on a form provided by the Department of Building and Inspections. Application shall be made five (5) days prior to the desired issuance date of such certificate. Each application shall be accompanied by a fee as set forth in Chapter 145, Fees.

(b) After receipt of an application for a temporary certificate of occupancy, the Department of Building and Inspections will make an inspection of the buildings and site in question. If the Director of Building and Inspections finds that the applicant is unable to comply with all of the requirements for a permanent certificate of occupancy or a certificate of continued occupancy for reasons as outlined in this subsection, he may issue a temporary certificate of occupancy, provided that all dwelling units are completed and ready for occupancy as established in the Uniform. Construction Code, and further provided that all street improvements, including sidewalks, have been installed as approved by the Director of the Department of Public Works.

H. Records of applications and permits and certificates issued. It shall be the duty of the Zoning officer and the Construction official, respectively, to keep records of all applications for zoning permits, building permits, sign permits or certificates of occupancy and of all such permits and: certificates issued, together with a notation of all special terms or conditions imposed thereunder. Each shall be responsible for the filing and safekeeping of all plans and specifications submitted to him with any application, and the same shall form a part of the records of his office and shall be available to all officials of the Village. Copies of any permits or certificates shall be furnished upon request to any person who shall have a right thereto by law.

I. Violations. The use or occupancy of land, buildings or structures prior to securement of a zoning permit, building permit, sign permit or a certificate of occupancy, as the case may be, when one is required shall be a direct violation of this chapter and shall subject the violator or violators to the penalties hereinafter prescribed.

J. Permits for retaining walls. Zoning permits issued by the Zoning Officer shall be required prior to the construction, reconstruction or alteration of retaining walls, except that retaining walls having a height of not more than two feet, as measured pursuant to § 190124F, shall be exempt from this permit requirement. Walls that are exempt from permit requirements shall nonetheless comply with all applicable substantive requirements. Applications for zoning permits for retaining walls shall be referred to the Engineering Department for review. No such permit shall be issued unless construction details, and if deemed necessary by the Village Engineer, structural calculations, soil reports, foundation details, compaction certificates and grading plans, signed and sealed by a professional engineer licensed to practice in the State of New Jersey, are submitted and approved by the Village Engineer demonstrating that such wall(s) are designed to avoid wall failure, protection from falls, drainage or erosion problems, or other hazardous or harmful conditions.

**Webmasters Note: The previous section has been amended and subsections (1) through (4) have been removed as per Ordinance No. 3120.

(5) All retaining wall permits shall require the payment of a filing fee as set forth in § 145-6, and major retaining wall permits shall require the posting of an escrow deposit to cover the costs of professional services by the Village, as set forth in § 190-23A and § 145-6.

(6) No permit shall be issued unless the application complies with all applicable requirements of this chapter, including but not limited to § 190-124F.

(7) Denial of retaining wall permits may be appealed to the Planning Board or Board of Adjustment, depending upon which Board has jurisdiction as set forth in this chapter and in the Municipal Land Use Law. The procedures for such appeals shall be the same as set forth in § 190-28; § 190-29, § 190-30, § 190-31, § 190-32, § 190-33 or § 190-34, as applicable, depending upon the particular basis for the appeal. In addition, any variance application before the Board of Adjustment involving a retaining wall that requires a major retaining wall permit shall be referred to the Planning Board for review and comment. No action shall be taken by the Board of Adjustment until the Planning Board has reviewed and made recommendations concerning the application, or until thirty-five (35) days have elapsed since the referral to the Planning Board, whichever occurs first.

**Webmasters Note: The previous subsection, J., has been added as per Ordinance No. 2818.