[Amended 12-15-2004 by Ord. No. 04-10-1286; 11-5-2008 by Ord. No. 08-23-1365; 9-7-2011 by Ord. No. 11-17-1419]
Permits for conforming one-family dwellings shall not require the approval of the Planning Board or the Zoning Board of Adjustment. No building, structure or sign in any zone shall be erected, added to or structurally altered without a building permit duly issued upon application to the Building Inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter. All applications for new construction involving any bulk variances shall require the approval of the Planning Board. This provision shall also apply to all use variances, expansions or additions to existing nonconforming structures, even if such expansions or additions conform with all the provisions of this chapter. All such applications shall require the approval of the Zoning Board of Adjustment. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect, without the necessity for any proceedings for revocation or nullifications thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful. See § 275-77 for penalties.
A.
Every application for a building permit shall be accompanied by a fee established pursuant to Chapter 101, Construction Codes, Uniform, and by a plot plan and complete construction specifications drawn to scale, showing:
(1)
The actual shape, dimensions, radii, angles and area
of the lot on which the building is proposed to be erected or of the
lot on which it is situated if an existing building.
(2)
The block and lot numbers as they appear on the official
assessment map.
(3)
The exact size and location on the lot of the proposed
building or buildings or alteration of an existing building and of
other existing buildings on the same lot.
(4)
The dimensions of all yards in relation to the subject
building and the distances between such building and any other existing
buildings on the same lot.
(5)
The existing and intended use of all buildings, existing
or proposed, the use of land and the number of dwelling units the
building is designed to accommodate.
(6)
Such topographic or other information with regard
to the building, the lot or neighboring lots as may be necessary to
determine that the proposed construction will conform to the provisions
of this chapter.
B.
Applications for the construction of new buildings
shall be accompanied by an accurate survey prepared by an engineer
or land surveyor licensed by the state.
C.
No building permit shall be issued for the construction
or alteration of any building upon a lot abutting a dedicated street
unless such street or that portion thereof which abuts the lot is
fully improved to the satisfaction of the Planning Board and Mayor
and Council. No building permit shall be issued for the construction
or alteration of any building upon a landlocked lot, that is, one
which does not abut a dedicated street, unless such lot has direct
legal permanent access to a street fully improved to the satisfaction
of the Planning Board and Mayor and Council.
D.
No building permit shall be issued for the construction
or alteration of any building costing $2,000 or more unless the plans
and specifications therefor are prepared by an architect or a professional
engineer licensed by the state.
E.
No building permit shall be issued for any building
where the site development plan of such building is subject to approval
by the Planning Board, except upon approval of such plans by the Board.
F.
No building permit shall be issued for a building
to be used for any conditional use in any zone where such use is allowed
only with approval of the Planning Board, unless and until such approval
has been duly granted by the Board.
G.
The application and all supporting documentation shall
be made in triplicate. On the issuance of a building permit, the Building
Inspector shall return one copy of all documents filed to the applicant.
H.
Except where otherwise specified in this chapter,
the Building Inspector shall, within 10 days after the filing of a
complete and properly prepared application, either issue or deny a
building permit. If a building permit is denied, the Building Inspector
shall state in writing the reasons for such denial.
I.
Every building permit shall expire if the work authorized
has not commenced within six months after the date of issuance or
has not been completed within 18 months from such date. If no zoning
amendments or other Borough regulations affecting subject property
have been enacted in the interim, the Building Inspector may authorize,
in writing, the extension of either above period an additional six
months, following which no further work is to be undertaken without
a new building permit.
J.
Inspection requirements:
(1)
Stake inspection: required after permit is issued
and prior to digging the footings. A stake location survey must be
submitted prior to this inspection.
(2)
Footing inspection: required by state code prior to
pouring of concrete.
(3)
Foundation inspection: required by state code prior
to backfilling around foundation. Footing drains are to be installed
and area around footings is to be cleaned for new construction. A
foundation location survey is required before backfill and framing
begins. Top of foundation elevation must be shown; foundation and
all walls up to grade level prior to backfilling.
(4)
Interior slabs: garage, cellar, etc.
(5)
Prior to the installation of any roof sheathing or
any other material enclosing the roof trusses, a copy of as-built
drawings shall be submitted to the Construction Code Official for
the purposes of verifying that the building height does not exceed
the permitted height pursuant to any approvals or building requirements.
Said drawings shall be submitted once the building framing has been
completed to the roof peak, and no further construction on the roof
shall be permitted until such time as the height is verified.
(6)
Frame inspection: required by state code. Rough frame
inspection cannot be conducted until the rough electrical, rough plumbing
and mechanical inspections have been completed and passed; NO EXCEPTIONS.
(7)
Insulation inspection: required by state code.
(8)
Final inspection: required by state code. All interior
and exterior work is to be completed. All electric, plumbing and
fire final inspections are to be done. All engineering and site work
is to be completed. Required signatures from appropriate inspectors
must be obtained.
[Amended 11-5-1986 by Ord. No. 86-32-949]
A.
The following shall be unlawful until a certificate
of occupancy shall have been applied for and issued by the Construction
Code Official:
(1)
Occupancy and use of a building hereafter erected,
structurally altered or moved or any change in the use of an existing
building.
(2)
Any change in the use or occupancy of an existing,
nonresidential building.
(3)
Any change in the use or occupancy of any land.
(4)
Any change in the use of a nonconforming use.
(5)
The following shall be unlawful until a certificate
of occupancy shall have been applied for and issued by the Construction
Code Official:
[Added 4-7-1993 by Ord. No. 93-7-1087]
(6)
Rental/lease
units. No owner or occupant of real property located in the Borough
of Cresskill shall license, rent, lease, sublease, sublet or otherwise
allow occupancy for remuneration of any portion of real property unless
a certificate of continued occupancy for same has been obtained from
the Construction Code Official and Fire Subcode Official.
[Added 8-10-2016 by Ord.
No. 16-09-1488]
(a)
Any application pursuant to this section must be made at least 10
days prior to occupancy.
(b)
No building or portion thereof shall be licensed, rented, leased,
subleased, sublet or otherwise occupied to remuneration for residential
purposes for a period of less than 30 days.
[Amended 11-2-2016 by Ord. No. 16-13-1492]
(c)
Inspection. Before a certificate of continued occupancy shall be
issued, the Construction Code Official and Fire Subcode Official shall
make an inspection of the premises to determine whether the certificate
may or may not be issued.
(d)
Violations. If an owner or occupant of property in the Borough of
Cresskill fails to obtain a certificate of continued occupancy, as
required by this section, the property owner and occupant shall each
be subject to a fine of $1,000 per day. Each day a violation continues
beyond the date fixed for compliance in the notice provided for herein
shall constitute a separate offense.
(e)
As used in this section, the word “occupant” refers to
any person or entity that desires to act as licensor, landlord, sublandlord,
lessor, sublessor, or who in any way desires to allow further occupancy
of any portion of real property for remuneration of any kind.
B.
No certificate of occupancy shall be issued for any conditional use of a building or of land requiring the approval of the Planning Board, as specified in §§ 275-8, 275-19, 275-24, 275-29 and 275-80, unless and until such conditional use has been duly approved by the Board. Every certificate of occupancy for a conditional use or in conformance with a duly granted variance granted by the Board of Adjustment shall contain a detailed statement of such conditional use or variance and of any conditions to which the same is subject.
C.
Application for a certificate of occupancy, on a form
furnished by the Building Inspector, for a new building or for an
existing building which has been altered shall be made after the erection
of such building or part thereof has been completed in conformity
with the provisions of this chapter and shall be accompanied by a
certified “as built” survey prepared by a land surveyor
licensed by the state, showing the location of all buildings as built.
Such certificate shall be issued within 10 days after receipt of
the application, but only provided that all requirements of this chapter
and of all other applicable codes and ordinances in effect are complied
with.
[Amended 12-15-2004 by Ord. No. 04-10-1286]
D.
If the proposed use is in conformity with the provisions
of this chapter and of all other applicable laws and ordinances, a
certificate of occupancy for the use of vacant land or for a change
of use of a nonconforming use shall be issued by the Building Inspector
within 10 days after receipt of a written application therefor. If
a certificate of occupancy is denied, the Building Inspector shall
state the reasons therefor in writing.
E.
Inspections.
[Added 4-7-1993 by Ord. No. 93-7-1087]
(1)
The Construction Official shall issue a certificate
of occupancy for a residential dwelling if inspection establishes
that:
(a)
There are no visible safety problems, such as
missing hand- or guardrails, or smoke detectors or visible safety
defects.
(b)
There has been no illegal work performed without
permits and inspections.
(c)
No illegal conversions have been made, i.e.,
one-family to two-family or two-family to three-family homes, etc.
(2)
The purpose of this change is to ensure that there
are no violations of either the zoning or building codes; specifically
to check to see that no illegal conversions of single-family homes
to two-family and to check for safety violations.
(3)
The fee for such inspection shall be $50, payable
to the Borough of Cresskill. Twenty-five dollars shall be remitted
to the Construction Official upon verification of inspection and issuance
of a certificate of occupancy.
[Amended 1-18-1995 by Ord. No. 95-1-1117]
F.
Every application for a certificate of occupancy shall
state that the building or the proposed use of a building or land
complies with all applicable provisions of this chapter.
G.
A certificate of occupancy shall be required for both
initial and continued occupancy and use of the building or land to
which it applies, as certified.
H.
A certificate of occupancy shall be required of all
nonconforming uses.
(1)
Such certificate shall specify each condition or use
not conforming to this chapter.
(2)
A new certificate shall be required if there is any
change in use or ownership from that specified.
(3)
The Building Inspector shall issue such certificate
if inspection establishes that no provision of this chapter has been
violated.
I.
A record of all certificates of occupancy shall be
kept in the office of the Building Inspector, and copies shall be
furnished on request to any agency of the Borough or to any persons
having a proprietary or tenancy interest in the building or land affected.
A.
Except as otherwise provided in Article XIII, no sign shall hereafter be erected, constructed or altered except as provided by this chapter and until a permit for the same shall have been issued by the Building Inspector on an application made, in writing, upon forms furnished by the Borough Clerk, which shall include a sketch of the proposed sign, together with such other pertinent information as may be required for a complete understanding of the proposed work, such as dimensions of the sign, the materials incorporated in its construction, the methods and materials used to support the sign, type of illumination, if any, and its exact location on the building or premises. The plans shall show the location of adjacent windows, doors and fire escapes and area of facade upon which the sign is to be placed. The application shall be accompanied by the written consent of the owner or lessee of the property.
A.
It shall be the duty of the Building Inspector to
enforce the provisions of this chapter and of all rules, conditions
and requirements adopted or specified pursuant thereto.
B.
The Building Inspector or his duly authorized assistants
shall have the right to enter any building or enter upon any land
at any reasonable hour, as necessary, in the execution of their duties.
(1)
The Building Inspector shall notify the owner and
tenant before conducting any inspection.
(2)
The Building Inspector or his duly authorized assistants
shall display identification, signed by the Mayor, upon commencing
an inspection.
(3)
Inspections shall be commenced in the presence of
the owner or his representative or tenant.
C.
The Building Inspector shall maintain files, open
to the public, of all applications for certificates of occupancy and
building permits, along with plans submitted therewith, as well as
final certificates, permits or record of application disposition.
D.
The Building Inspector shall also maintain records,
open to the public, of every complaint of a violation of the provisions
of this chapter, as well as action taken as a result of such complaints.
A.
Violation of any provision or requirement of this
chapter or violation of any statement, plan, application, permit or
certificate approved under the provisions of this chapter shall be
subject to punishment as provided herein.
B.
The owner, general agent or contractor of a building,
premises or part thereof where such a violation has been committed
or does exist shall be subject to punishment as provided herein.
C.
Any agent, contractor, architect, builder, corporation
or other person who commits, takes part or assists in such violation
shall also be subject to punishment as provided herein.
D.
Each and every day that any such violation continues
beyond five days after notification that such violation exists shall
constitute a separate offense. Such notice shall be written by the
Building Inspector. It shall be served by registered mail or certified
mail or by personal service.
E.
Each person or corporation convicted of such violation
shall be subject to a penalty of not more than $500 or to imprisonment
for not more than 90 days, or both, for each offense. In addition,
a guilty party shall pay all costs and expenses incurred by the Borough
in determining such violation.
F.
The imposition of penalties herein prescribed shall
not preclude the Borough or any person from instituting appropriate
legal action or proceedings to prevent an unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
or to restrain, correct or abate a violation or to prevent the illegal
occupancy of a building, structure or premises.
G.
Any person or corporation receiving any code enforcement
letter or notice shall be charged a fee of $3.75 for each letter or
notice received.
[Added 11-4-1981 by Ord. No. 81-25-806; 6-21-1988 by Ord. No. 88-8-985; 2-20-1990 by Ord. No. 902-1025]
