The provisions of this Chapter shall be enforced by the Code Enforcement Officer or the Building Inspector of the Borough of West Long Branch, or by the owner of any property in the Borough. In no case shall a building permit or a Certificate of Occupancy be granted for the construction, alteration or occupancy, or any use thereof which would be in violation of any provisions of this Chapter. It shall be the duty of the Building Inspector, or the Code Enforcement Officer, and any duly authorized assistants to cause any building, plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of any provisions of this Chapter, and he shall have the right to enter any building or premises during the daytime in the course of his duties. (Ord. #513; Ord. #O-96-6, S 7; Ord. #O-05-2, S 2)
a. Issuance of Zoning Permits. Zoning permits shall hereafter be secured from the Zoning Officer prior to the construction, erection or alteration of a structure. The applicant shall conform to the requirements of the Uniform Construction Code Ordinance and the Zoning Chapter and shall in all cases provided in the site plan section of this Chapter submit detailed plans in accordance with said site plan section to the Planning Board for approval prior to any permit being issued, except other than a detached one (1) dwelling unit building. Any person or entity seeking a zoning permit shall pay a fee of forty-five ($45.00) dollars, which fee shall be paid in advance of the Zoning Officer reviewing and responding to the request.
No zoning permit, however, shall be required, nor any application for a zoning permit shall be required, when the proposed construction, erection or alteration is for siding, re-siding, roof repair, replacement of windows or garage doors, or the installation of roof-only solar panels which do not extend beyond the ridge or edge of the roof.
1. Certificates of Occupancy shall be issued by the Building Inspector in the manner prescribed in the Uniform Construction Code. On the serving of notice by the Building Inspector or the Code Enforcement Officer to the owner of any violation of any of the provisions or requirements with respect to any building or use thereof or of land, as specified in this Chapter, the Certificate of Occupancy for such use shall be deemed in violation of this Chapter and subject to the penalties hereinafter prescribed. A new Certificate of Occupancy shall be required for any further use of such land or buildings. A fee of twenty-five ($25.00) dollars shall be charged for an original Certificate of Occupancy as required herein, and for each copy of an original certificate, there shall be a charge of five ($5.00) dollars which shall be remitted to the Borough Treasurer by the issuing officer in accordance with the manner of reporting payment as is generally provided.
2. It shall be the duty of the Building Inspector to keep a record of all applications for zoning permits, a record of all permits issued, and a record of all Certificates of Occupancy which he countersigns, together with a notation of all special conditions involved. He 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 officials of the Borough of West Long Branch. The Building Inspector shall prepare a monthly report for the Borough Council summarizing for the period since his last report all zoning permits issued and certificates countersigned by him and all complaints of violations and the action taken by him consequent thereon. A copy of each such report shall be filed with the Borough Tax Assessor at the same time that it is filed with the Borough Council.
c. Planning and Zoning Boards of the Borough of West Long Branch.
1. It is the intention of this Chapter that Ordinance No. 284 and Ordinance No. 303 entitled "An Ordinance of the Borough of West Long Branch Establishing a Planning Board and a Zoning Board of Adjustment Pursuant to the Powers of said Board; Fixing the Procedures Governing Application to said Boards and Appeals Therefrom; and Providing for the Continuance of Existing Ordinances" adopted on January 20, 1977 is herewith adopted in its entirety by reference as if attached hereto and made a part hereof.
2. It is the intention of this Chapter to continue those procedures as set forth in both of the above referred ordinances, however, reference to any interim zoning ordinances are hereby removed and this entire Chapter with those changes is hereby considered the new Zoning Ordinance of the Borough of West Long Branch. Any ordinances or portions thereof enumerated in either of the above referred numbered ordinances which are inconsistent with the provisions of this Chapter are hereby repealed.
3. Each application made to the Board of Adjustment shall be accompanied by a fee payable to the Borough in accordance with Section 18-14.
4. The Board of Adjustment shall act in strict accordance with procedures specified in Revised Statutes 40:55D-10 et seq. and 40:55D-72 and by this Chapter. All appeals and applications to the Board shall be in writing. Every appeal or application shall refer to the specific provision of the ordinance involved and shall exactly set forth the interpretation that is claimed or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted. Every decision of the Board of Adjustment shall be made by resolution, each of which shall contain full record of the findings of the Board in the particular case. Each such resolution shall be filed in the Office of the Borough Clerk by case number under the heading of interpretation or variance, together with all documents pertaining thereto.
5. The Board shall fix a reasonable time for the hearing of appeals giving due notice of the time set for hearing to the appellant. Such notice shall be served upon the appellant. The appellant shall, at least ten (10) days prior to the date appointed for the hearing pursuant to Revised Statutes 40:55D-12, give notice in writing by registered mail or by service in person with adequate proof of contact thereof to all property owners within two hundred (200') feet of the property to be affected by the appeal as provided in the Statutes of the State of New Jersey, or to all property owners of contiguous lands or property adjoining the property to be affected, and other interested property owners as may be designated by the Board of Adjustment. The applicant must furnish proof of service in writing and properly notarized.
6. A variance granted by the Board of Adjustment shall be valid for a period of one (1) year from the date of final approval unless an extension shall be granted by the Board of Adjustment upon application being timely made by the applicant prior to the expiration of the original term. (Ord. #513; Ord. O-05-2, S 3; Ord. #O-08-3; Ord. #O-08-29, S 1; Ord. #O-08-7, S III; Ord. #O-11-11)
