[HISTORY: Adopted by the Board of Commissioners
of the Borough of Longport 6-18-1986. Amendments noted where applicable.]
The Building Inspector or his duly authorized
delegate shall have the authority to issue certificates of land use
compliance, but only in accordance with the provisions of this chapter.
[Amended 11-20-2020 by Ord. No. 2020-08; 5-17-2023 by Ord. No. 2023-12]
A certificate of land use compliance shall be
required prior to the sale, transfer of title, conveyance of a majority
interest in any entity which holds an interest in any real property
located in the Borough on a property through an LLC or any other means,
construction, reconstruction, remodeling or alteration of any structure
in the Borough of Longport. In order for any such certificate to be
issued in regard to the sale, transfer of title or conveyance of a
majority interest in any entity which holds an interest in real property
located in the Borough, the Building Inspector, or designated representative,
must be provided with proof of the sale price of the property or interest
conveyed, including, but not limited to, sales effectuated by the
transfer of an interest in an LLC or other entity. No certificate
shall be issued until a fire inspection is conducted, as set forth
in Subsections A through D of this section.
A.Â
A certificate of fire detector, carbon monoxide detector, and fire
extinguisher compliance shall be required for the sale, transfer of
title, or the conveyance of a majority interest in any entity which
holds an interest in any real property located in the Borough. This
provision does not apply to a newly constructed home or construction,
reconstruction, remodeling or alteration which requires the issuing
of a certificate of occupancy by the Building Inspector.
B.Â
A request for a fire inspection shall be made to the Building Department
along with the payment of a fee of $75 payable to "The Longport Bureau
of Fire Prevention." The Building Department will, within the same
business day, send a request to the Longport Bureau of Fire Prevention
to conduct a fire inspection pursuant to applicable law.
C.Â
The Longport Bureau of Fire Prevention shall conduct a fire inspection
within 14 days of receiving the request from the Building Department.
The failure of the inspection to occur within 14 days does not eliminate
the need for a fire inspection for the issuance of a certificate.
D.Â
If the property fails inspection, a request for reinspection can
be made to the Building Department along with the payment of a fee
of $35 payable to "The Longport Bureau of Fire Prevention." The Building
Department will, within the same business day, send a request to the
Longport Bureau of Fire Prevention to conduct a reinspection pursuant
to applicable law. The Longport Bureau of Fire Prevention shall conduct
the reinspection within 14 days of receiving the request from the
Building Department. The failure of the inspection to occur within
14 days does not eliminate the need for a fire inspection for the
issuance of a certificate.
A.Â
Applications for certificates of land use compliance
shall be submitted to the Building Inspector in such number of copies
as he or she may from time to time require, on such forms as shall
be prepared by said Building Inspector. Within 15 days following the
receipt of a completed application for a certificate of land use compliance,
the Building Inspector shall cause the application to be acted upon
by either a granting or a denial. If in fact a denial occurs, then
it shall be the obligation of the Building Inspector to state the
reasons therefor. Any applicant who is denied the right to a certificate
of land use compliance who deems that he or she shall have been entitled
to the same shall have a right to appeal the decision of the Building
Inspector for the Zoning Board of the Borough of Longport within 20
days of the denial thereof by filing a notice of appeal with the Secretary
of the Zoning Board of Adjustment and by filing a copy thereof with
the Clerk of the Borough of Longport. If in fact the applicant for
the certificate seeks further review from the decision of the Zoning
Board of Adjustment of the Borough of Longport, then in that event
an appeal should be taken to the Board of Commissioners of the Borough
of Longport within 20 days of the date of the decision rendered by
the Zoning Board of Adjustment by filing a notice of appeal with the
Clerk of the Borough of Longport, New Jersey.
B.Â
In each instance where a hearing is requested before
the Zoning Board of Adjustment and/or the Board of Commissioners of
the Borough of Longport, New Jersey, said hearing shall be scheduled
within 45 days of the filing of the appeal therefor.
C.Â
In the case
of the sale of property, applicants shall submit as part of their
application a current and accurate survey showing location of all
structures and site improvements including grade level improvements
and a flood elevation certificate. If said survey shows any encroachment
upon Borough of Longport right-of-way or property which restricts
public access to the beach, bay, public property or public right-of-way,
the Building Inspector, or other official charged with the duty to
grant or deny said application, shall deny issuance of a land use
compliance certificate.
[Added 8-8-2007 by Ord. No. 2007-18]
[Amended 12-17-2003 by Ord. No. 2003-17]
The fee for an application for land use compliance
is $75.
A violation of the within section shall be punished
by a fine not to exceed $150 or imprisonment for a period of 30 days.
